Builder was at liberty to register the penthouse as per court orders
2) he should be admitted as member of association as he has registered sale deed in his favour and court has directed registrars to register penthouse in his name
Questions about Pent House.
Dear Sir(s), Need your suggestions with my case. I bought a flat in Hyderabad in 2023. Our apartment complex has 30 flats and was constructed in 2014. The ownership was transferred to the registered association in 2016. However, the builder illegally constructed a two-bedroom penthouse and sold it to a person without registration. Recently, I found out that the builder registered the pent house in 2022 with a court order obtained through a mandamus writ. From the court order, it is evident that the sub-registrar initially refused to register the pent house but the court passed an order to register the property owing to the outcome/verdict of the Building Regularization Scheme which is pending with the High Court of Telangana. The association is unaware of these entire legal proceedings. Here are my questions to the experts. 1. Since the association has been the absolute owner of the apartment complex since 2016, is it legal for the builder to register the penthouse in 2022 without informing the association? 2. The penthouse owner has been paying maintenance since 2015. Does this mean the association recognizes him as a stakeholder? 3. What options does the association have now to ensure that the penthouse owner has no claim to ownership? I appreciate any suggestions or help you can provide on this matter. Thank you!
Asked 2 years ago in Property Law
Religion: Hindu
6 Answers
Dear client,
- The conditions of the first ownership transfer in 2016 and any further agreements will determine whether or not the builder's registration of the penthouse without association notice was lawful. Under the Real Estate (Regulation and Development) Act, 2016, you have the legal right to file accusations against the builder and investigate.
- The penthouse owner's payment of maintenance costs does not always indicate that they are acknowledged as a legal stakeholder. The qualifications for ownership and stakeholder status would be made clear by the association's bylaws and legal documents.
- Due to the incomplete notification and the unfinished Building Regularization Scheme, the association may take legal action to contest the registration. Additionally, you could file charges in accordance with the Registration Act of 1908 and the Transfer of Property Act of 1882. It's critical to compile information and comprehend the ramifications of the court order acquired via mandamus writ the association's rights.
Hope this helps you.
1. As per law, builders consent for formation of Association/society not mandatory, but as it is the responsibility of the builder to enable the formation of society and its registration.
- Further, after forming the association , the builder has no right to register the penthouse without the consent of the association.
2. If the association has considered the penthouse owners as a member for receiving the maintenance , then they can be recognized as stakeholder.
3. Since, the said penthouse has registered by the builder without the consent of the association , then the association can reject the membership .
1. No doubt it is illegal but the builder has got a court order in his favor, hence it becomes legal after the court verdict in his favor.
2. If the association is accepting maintenance amount without any objection then it is deemed that the association has recognised the owner of the penthouse as its member.
3. The association cannot object to this because it will be treated as contempt of court hence punishable offence
Hi, Association can't decide the ownership of its Members. All though you have collected the maintenance you can continue the same. If you want to challenge the registration of the pent house then you can approach the High Court.
1. Yes only information to you is necessary from them
2. yes
3. his ownership will decided between him and builder
