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Aparment welfare association

(Querist) 18 February 2013 This query is : Resolved 
Good Afternoon
I am R S Sai Kumar aged 63 years.
I stay in Hyderabad, Andhra Pradesh.
My profession is freelancing accounting and income tax services.
During March 2012, I purchased one flat in Pragathi Nagar, Opp JNTUC Kukatpally, Hyderabad which is a pent house. The number allotted to it is 401. And undivided share of land is also mentioned.The Apartment has nine flats as under
First Floor – G1 and G 2
Second Floor - 101 and 102
Third Floor - 201 and 202
Fourth Floor - 301 and 302
Fifth Floor - 401 owned by me.
The builder applied for BPS and paid 50 % of fees and the matter is subjudice.
Recently all the owners have decided to form a society. An advocate was invited and he said that as I own a pent house (definition he gave is – all sides open to sky) I cannot be member of the owner’s welfare association.
I told him that my flat is given 401 number and the registration was also done as 401 and not pent house. He said that if a flat boundaries are open to sky, it has no sanctity, even if the registration is done with undivided share of land
Please advise, if I also can join as member ?

Deepak Nair (Expert) 18 February 2013
An issue which requires some research. Hmmm.. an interesting subject, but I don't know the answer now, will surely get back to you. By the time, we will wait for other learned experts.
Raj Kumar Makkad (Expert) 20 February 2013
The opinion of that lawyer has no legal sanctity in view of the given facts. You can definitely become the member of that association within the framework of relevant laws.
R.K Nanda (Expert) 20 February 2013
yes, u can become member.
R S Sai Kumar (Querist) 24 February 2013
All these day I was out of station. I sincerely thank every body who has given the opinion.


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