Builder is executing apartment deed for a building consisting of 7 Flats. 1.Can he mention the proportionate share of land as 1/8th instead of 1/7th in anticipation of additional flat that may be sanctioned in future? 2.The structure of building is like 2 flats per floor and there is 1 flat on 4th floor ( the 7th flat) and terrace . He has kept rights of terrace with him. Can he do the same? He has mentioned the same in deed of declaration as well as agreement to sell. 3. Can he keep the rights of the TDR / FSI to be used later on the mentioned terrace above? The same clause was mentioned in agreement to sell.
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1.Do not mention particualrly any sahre.mention it only as proprotinate sahre as it is how the deeds areamde.
2. If the landowner agrees then builder can retain the roof rights but access to it for need of maintaining the flats like fixing electrical items there is always free.
3. Do not give him any unrestricted right over terrace.He can retain right to make future contributions there but ursula access to terrace by the flat owners cannot be restricted totally.
He has to mention one seventh proportionate share only
As on date there is no permission for construction of additional floor
3) terrace forms part of common area for benefit of all members . Builder cannot reserve rights for terrace
4) builder cannot keep FSI rights for terrace
Question to Mr. Devajyoti Barman : You mean to say , if builder allows flat owners to use the terrace for maintenace works , he can retain the rights to build on the same? ( I didnt get meaning of ursula access ) Question to Mr. Sethi : If terrace forms part of common area then how can builders sell terrace areas to flat owners? Further, builder is keeping TDR or future rights, then why can not it be allowed?
Hello,
1) The fact is that the builder's gain and profit largely comes from the TDR and FSI and not so much from the development and sake of the flats. He will get into the venture by anticipating available FSI and rights of TDR.
2) The terms and conditions are subject matter of consensus and part of agreement that is mutually acceptable. Your option would be either to enter the agreement or withdraw from it.
3) Of Dec of Declaration and the Agreement to sell had given rights of flat to the builder and you concurred with it he shall have the right.
4) He certainly can and that is why he has acquired those rights. However he needs to obtain required permissions and sanctions of the government in doing so.
According to the section 4 (1A), (iii), (viii), (x) and section 10 (1) of the Maharashtra Ownership Act, builder or developer do not have any right to sell terrace of the housing society to any particular owner or owners of the properties in the society or anyone else.
The law states that all open spaces in the housing society are reserved for common easement of all the members of the society and they are entitled to enjoy the same according to the stated records of the Municipal Corporation.
Similarly in an apartment complex builder cannot sell the terrace area
Hii, obtain the layout plan that the authorities have sanctioned for the building .. Generally the roof rights are kept with the builder , so that in future with increase in FAR he can erect more floors..
1. If there is no 8th flat is available, the imaginary concept may not be included in the agreement or any deed at this stage.
2. If builder has retained the terrace rights, you cannot tell him anything.
3. The builder can do so because there is no association formed yet so that the builder can be restricted from availing the common area for any purpose.
If terrace forms part of common area then how can builders sell terrace areas to flat owners? Further, builder is keeping TDR or future rights, then why can not it be allowed?
The common areas are to be decided first after which such claims can be made.
In the absence of an association the problems like this will recur frequently.