rajiv 11 February 2017

Builder sold garden area with flat. society may object?

in 2008, we purchase a ground floor flat. the builder sold us the attached garden space to the back side of the building. we have 12 flats in building, and ours is the only one on ground floor. The garden area can be accessed by our backdoor. the front half of building is common area, and the remaining half (our flat + open area) belongs to us. These two areas have been seperated by a wall. The house agreement as well as Index 2 mentions the area of garden as well as the map.

the plan sanctioned by the builder in municipal corporation shows some part of the garden area as scooter and cycle parking. Also, it does not show the wall. however, in agreement it is shown as garden area belonging to the ground floor flat.

now, if I have to apply for a NoC to society if I have to sell this flat, does the society have any legal rights to raise objection? Thanks.

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2 Replies

Kishor Mehta (CEO) 11 February 2017

Sir, It will depend on the terms and conditions and the floor plan attached to the registered document, as also the building plans sanctioned by the Municipal authority. Good luck, Kishor Mehta

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rajiv 14 February 2017

thank you sir. the society has finally agreed to give NoC. However, the person who wants to buy the garden flat requires a loan and the bank has requested a revised plan for the building. Although I have applied for the plan to Municipal Corporation, and I am awaiting their response, I wanted to know what if the builder did not mention the garden area in the new plan. Or what if the builder did not revise the plan at all? The sanctioned plan does not show the garden. As informed earlier, the open space is shown with some scooter parking in the plan sanctioned before the building work began.Thanks.