• Flat related rights

Purchased a flat in appartment whose permission is part of a commercial complex both two blocks with single plinth roof covering the cellar.the residential block is in the rear side of the commercial block with a passage adjoining the commercial.Its in the agreement that the cellar of the residential block is dedicated to the commercial property.The builders &land owner are the owners of the commercial block.Further on a verification the total land on which the residential building constructed us not totally allotted to the flat owners as undivided share of land but the builder retained a part of it.please advise about the rights of flat owners & how to get them if any? --'RAJESHWAR
Asked 8 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) it is necessary to peruse your agreement entered into by you with builder to advice 

2) request builder to execute deed of conveyance of land on which residential building is constructed in favour of the society formed of flat owners 

3) if builder fails to do so move consumer forum against the builder for deficiency in service and seek orders to direct builder to execute conveyance 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
You must first see the terms and conditions of the sale agreement and also specifically about the undivided share of the common areas.
The registered sale deed of your flat also would contain the conditions thereon.  If there is any violation to the agreed conditions or if there is any denial of your entitled benefit, you may drag the builder/owner to the court seeking the relief as per your deservance agreed in the sale deed, in the undivided share as well as common ares. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
A. I would like to suggest that the terms and conditons fo the Joint Developmetn Agreement which was executed between Owner and Developer should be verified in respect of Commercial complex. You need to verify your Sale Deed or Agreement of Sale read with Construction Agreement's terms and conditions towards the commercial complex portion area. As per the General rule of law, the builder cannot hold UDS of the flat buyers what the land utitlized to built residential complex.

C. Check the Plan approval, land survey sketch to identify your land and  as well land conversion as to how much land has been converted for residential and commercial and check total land avilabiltiy for the residential and also commercial. If the builder clearly mentioned the Sale or any deed towards the flat buyer as to how much area available for the residential and your flat UDS had been calculated as per the said area in accordance with the plan approval then you cannot recover the same. However, you can recover the same by approaching court if the builder obtained whole plan approval for construct residential unit and if he had built against the plan approval and land conversion. As per your query, if the concerned authority permitted to contruct commercial alongwith residential and if the flat buyer had been agreed under the agreement that you cannot recover the same.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
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This really requires a threadbare perusal of the agreement, so consult a lawyer with a copy of the agreement.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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