PLEASE ANSWER FOR VERY OLD LAND OWNER 1) Developer had constructed G + 4 & had given Land Owner NOC that 3 Flats & Flat Pent Shed on 4th floor with Vacant Area and Gate & Wall & Undivided. Share of Parking area & what is LEFT in building & Plot belongs to Land Owner. 2)Land Owner has not given Terrace Rights to Developer as per Unregistered Development Agreement or Flat Sale Deed's . Development agreement 50%:50% to land owner & developer 3) In Sale Deed's of Flat Sold by builder it say 1000 Sq.Ft including Common area and Parking & even in SCHEDULE PROPERTY also it written as 1000 Square feet including Common area and Parking. 4) Sub Registrar have told INCLUDING it means Flat Area + Common Area + Parking = Total Area given to Flat . 5) on 4th Floor Developer had Sold 1 Flat but in Sale Deed mentioned as Owner Share signed by both land owner & Developer & other side gave a Shed with vacant area & wall & Shed which is not even half of other side as slab , which should have been equal & completed but was not done. 6) Flat owner are asking arguing that 1000 Sq.ft Including Common & Parking means 1000 Sq.ft & all common area and parking and also terrace. 7) Old Land Owner health is not well and unable to walk so please guide how land owner can protect his share first & next what steps to be taken. 8) Flat Owners with sale deed are saying after unregistered development Agreement land owner is not land owner and asking shouting to show sale deeds for flats holding but land owner has only NOC from developer. 9) should land owner get sale deeds on his name? even when approached sub registrar he says why land owner wants sale deeds on his name. you dont require sale deed only NOC as you have municipal Tax number and paying Tax will do or do Gift Deed or Will be enough.
There should be supplementary registered sharing agreement between landlord. And flat owner which should specify share of landowner and builder
2) terrace forms part of common area for benefit of all
3) landlowner cannot claim exclusive ownership of terrace Ben of sale deed with flat owners is silent on said issue
Yes he needs to get sale deed on his name
Name in Municipal tax receipts is not a proof of ownership of land, it is not even secondary proof. You need to have registered sale deed in your name. Sub-Registrar cannot advice you against registration of document as the same is revenue to Government. Register a regular sale deed.
A rooftop or terrace of a property comes under a common area and is meant to be accessed by the residents and owners. It has been witnessed that developers try to give access to a terrace or sell it for payment which is considered to be illegal
The common areas are the undivided parts of the commonly owned premises. The areas such as the parking lot, lawns, corridors, lobbies, elevators, etc are not owned by a single individual owner. The responsibility for upkeep and maintenance of these areas is collective.
The tax receipts are not title documents, it is just an evidence for enjoyment of the property under possession.
As far as the development agreement is concerned it is an agreement between the land owner and the developer, the subsequent buyers are no bound by this development agreement.
The subsequent buyers of different flats may have to enter into a sale agreement and get a sale deed on the basis of the conditions mentioned therein.
If the original land owner is aggrieved by any adverse decision of the developer or any other buyer, then he can initiate legal action as per procedures of law in respect of his rights in the property.
Dear client,
According to the information provided, the developer constructed G + 4 and gave the land owner an NOC for three flats, a flat pent shed on the fourth floor, vacant area, gate, wall, undivided share of parking area, and what is left in the building and plot.
The land owner has not given the developer the right to use the terrace, as per the unregistered development agreement or flat sale deed.
The sale deeds of the flats sold by the developer mention that the area of the flats is 1000 sq. ft., including common area and parking.
The sub-registrar has informed that the total area given to the flat includes the flat area, common area, and parking.
On the fourth floor, the developer has sold one flat, and the sale deed mentions that the owner's share was signed by both the land owner and the developer, and the other side gave a shed with vacant area, wall, and shed, which was not completed equally.
The flat owners are arguing that the 1000 sq. ft. including common and parking means 1000 sq. ft., all common area, parking, and terrace.
The old land owner, who is not in good health and unable to walk, may want to consult a lawyer for guidance on how to protect their share and what steps to take next.
The flat owners with sale deeds are claiming that after the unregistered development agreement, the land owner is not the owner, and they are asking for the sale deeds for the flats, but the land owner only has an NOC from the developer.
The land owner may want to consult a lawyer regarding obtaining sale deeds in their name and the requirement of such a document. The sub-registrar may have advised that having a municipal tax number and paying taxes would suffice, or a gift deed or will might be enough
