Home/Legal/I possess a flat in a 9 flat apartment built on a 610 square yard plot 30 years back. The complex is old and we want to demolish the building and construct new. The builder had a develop and sale agreement with owner 31 yrs back, he wanted to build 12 flats but he got permission for 9 flats only. He has given undivided share of only 400 sq yrd. He says he still can claim the rest of 200 sq yards. He has a sale cum development agreement with the owner 32 yes back. Does he have any right in the land. If not can we go ahead and demolish through a association. Can we consider the 200 yards as a common area?
Q.
I possess a flat in a 9 flat apartment built on a 610 square yard plot 30 years back. The complex is old and we want to demolish the building and construct new. The builder had a develop and sale agreement with owner 31 yrs back, he wanted to build 12 flats but he got permission for 9 flats only. He has given undivided share of only 400 sq yrd. He says he still can claim the rest of 200 sq yards. He has a sale cum development agreement with the owner 32 yes back. Does he have any right in the land. If not can we go ahead and demolish through a association. Can we consider the 200 yards as a common area?
You can approach a new association but you should know that you are the co-owner of the property (partial property is owned by you and the remaining is owned by the owner). So if the owner agrees with 51% tenants affirmation, you can proceed.
However, many times, developers adopt deceptive trade tricks and possess the ownership rights of the residential units in society. You and the pagdi owner might have signed the documents without consulting a lawyer or just not giving it thorough thought. In such a scenario, the builder gets the share and you wouldn’t be able to demolish the structure.
I would suggest, check the development agreement and if there is no such clause, you can proceed. There might be some rules though, so you should consult a lawyer.
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I possess a flat in a 9 flat apartment built on a 610 square yard plot 30 years back. The complex is old and we want to demolish the building and construct new. The builder had a develop and sale agreement with owner 31 yrs back, he wanted to build 12 flats but he got permission for 9 flats only. He has given undivided share of only 400 sq yrd. He says he still can claim the rest of 200 sq yards. He has a sale cum development agreement with the owner 32 yes back. Does he have any right in the land. If not can we go ahead and demolish through a association. Can we consider the 200 yards as a common area?
suresh
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October 16, 2020
2020-10-16T15:29:50+00:00 2020-11-12T11:28:22+00:00Comment
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