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Akshay Shah   14 July 2024

Common plot

A builder in Gujarat developed a land parcel and made 20 plots.

Out of 20 plots, 1 plot was marked common plot and another marked common passage in NA approved plan.

Builder sold 15 plots to others to build houses. In sale deed they kept clause saying the plot holders will not have any right to common plot and common passage. And it will belong to the builder.

 

All property owners have a registered society and are claiming rights on common plot.

 

What should be the correct ownership of the common plot and common passage?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 July 2024

The common plot and the common passage will belong to the society and not to the builder.

The builder should hand over them to the society by a conveyance deed.

Dr. J C Vashista (Advocate )     15 July 2024

The builder is stated to have earmarked 1 plot for common passage in the approved plan, accordingly he (builder) has no right, claim, interest or title of such plot.

Conversely, the RWA / Society has a claim and right over such plot.


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