• Builder retained a portion of property

I have purchased a Builder Floor in South Delhi, for which construction is complete and all floors are sold to new owners.
In the Stilt Parking Area, The Property has a large room (was used to store construction material during construction) and servant quarters. The servant quarters are allocated to the floor owners. But the ownership rights of large room in the stilt parking is not mentioned in Sale Deed of mine or any of the floor owners. Said Large Room is mentioned in the Sale Deed as "Other's Room", and is locked on behest of Builder.

My question is - Is it legally possible for Builder to retain such portion in the property after selling all the floors and basement in the building?
If possible legally, Will the Builder as owner of mentioned Room, also have share in the land underneath the property?
How many independent owners are allowed in a property constructed over a 210 sq mt plot?
Is there any limit to the number of owners who can be shareholder in the land underneath on a 210 sq mt plot?
Asked 3 years ago in Property Law from New Delhi, Delhi
1. Yes, builder can keep a portion of the property for his own use.
2.A owner of a permanent structure has always impartible and proportionate share in the land beneath the same.
3. The number of owners would depend on the number of flats/units.
4. No.
Devajyoti Barman
Advocate, Kolkata
12535 Answers
161 Consultations

5.0 on 5.0

1) stilt parking area forms part of common area for benefit of all members . 

2) you can ask builder for copy of sanctioned plans by DMC . it  would show what is the said  area earmarked for . if it is for stilt car parking builder cannot use it for storage or any other purpose 

3) as far as how many flat owners are allowed in plot of 210 sq meters it would be as per the plans sanctioned by corporation
Ajay Sethi
Advocate, Mumbai
44326 Answers
2575 Consultations

5.0 on 5.0

 1. The Builder can retain a portion of the property in the building in his name. If the area  mentioned comes under the area marked for common use and it is mentioned in the plan before the Municipal authority /DMC for approval , you can challenge the builder as it is allotted for the members or owners . once the society or association has formed and the society  can question the builder. Builder keeps portions with a future interest . So the concerned society or association of members can take action if it is in the plan and allotted as common area. It will be advisable to ask him for a clarification legally.Ask for the copy of the approved plan if not provided already.

2. The builder has to convey the title,once the conveyance happens if he retains the portion in his name he will have right in the land underneath like any other owner or member of the society or association formed as the title of the land/ or ownership will be conveyed to the society or the association.So challenge him holding the portion.

3. the owners allowed on the plot are equal as number of the flat owners

.4. There is no time limit, the time will be till all the flats  in the building are sold
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

As per MPD four floors can be constructed on a plot of 210 sq mts. Stilt area is compulsory for parking and no dwelling units can be constructed in area. The stilt area is common to all floors owners. However in some constructions servant rooms and toilets are being provided if all the floor owners agree. There is no official permission for that. Each floor owner has one fourth area in stilt which can be  mutally earmarked for them. In view of above the builder can not errect an additional room exclusively for him.
H. S. Thukral
Advocate, New Delhi
556 Answers
166 Consultations

5.0 on 5.0

Dear Client,
You are advised that, the civic authorities clearly mentioned in the approved plan about the all conditions and also the Transferable Developed Area. Abuout the Stilt area , it is a common area , there is a land mark judgement of Supreme Court of India. The SC observed that the stilt area is neither garrage nor the apartment.There should not be a servant room or any room for the use of officer etc., the area should be kept vacant.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

3.9 on 5.0

1.not legal.


3. 4 floors only.

4.maximum 4 owners.
R.K. Nanda
Advocate, New Delhi
457 Answers

3.8 on 5.0

1. The builder can retain a portion in the property for himself, but this is subject to the sanctioned plan. 

2. Supreme Court of India has ruled that developers cannot sell parking spaces as independent real-estate units. The court ruled that parking areas are 'common areas and facilities'. Common area is for the use of all members. If the area has been shown as an area for car parking in the plan then you may issue a lawyer's notice to builder. 

3. The builder has no share in the land underneath the property. The share in the land underneath the property belongs to the owner of the property alone.

4.  The number of independent owners allowed in a property is strictly subject to the sanctioned plan.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

A. The act of the builder is unquestionable and the permission of owners in Sq.Mt  210 plot should be cross verified in the approved plan.

B. The builder cannot sell the car parking area due to the same area, come under the common area, it is acknowledged by the Supreme Court. Hence, stilt parking slot not mentioned in Sale Deed.

C. All flat owners have only absolute ownership over the land underneath the property. So in case the builder retained the portion that he is also eligible to use the land underneath the property as a common member.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

1. If as per the sanctioned building plan there is no provision of the said room, tyen the builder can neither build such room nor retain it, If it is as per the sanctione building plan and as per the sale deed executed and registered with you, the said room can be kept by the builder then it is his property,

2. The title holder of the room will have proportionate share of the land,

3. It depends on the nos of flats and the no of rooms constructed in the said plot as per sanctioned building plan,

4. There is no such limit as the nos of flats to be constructed has been sanctioned by the authority as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
18157 Answers
438 Consultations

5.0 on 5.0

slit parking must be there.builder cannot make any additioal construction for him which is not in the plan.no limit is prescribed as flats are constructed as per the plan passed and no additional construction has been made
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer