Common area in apartment
Manoj
(Querist) 08 December 2012
This query is : Resolved
Dear Sir
I have boughat a flat in Jaipur
1. it has mention of only the buildup area and not the super builtup area.
2. Sale deed says that apart from the flat all the area will be owned by the builder
3. however the in the sale deed it says that the flat will be along with a covered parking and generally used common area.
4. the agreement executed beofre the sale deed said that the flat will be sold with common area and will undivided share in the land.
THe appartment has a community hall which is approved as a common area, but has no mention in the sale deed executed, also the terrice was approved for solar system and water tank for the building..but solar system has not been installed and below the tank a flat has been constructed...
Builder is not willing to give the communuty hall and teffice to society saying its his property as its not mentiond in the sale deed as common area..
Can the expert help in
1. is the common area mentioned in sale deed only available to flat owners or any ther common area that is not mentioned in the sale deed is also available to flat owners, that is to say that is the facility mentioned in sale deed only available to flat owner?? the prospectus has mention on community hall as facility in the apartment
if its not the case can the experts help with some decided cases of courts wherein the same is decided
2. in the terrice solar system was to be made as per the approved drawing of the apartment and was manditory for approvel for the plan, the same was not made and instead a flat has been made in the terrice..builder had provided undertaking to jda that he shall put solarsystem
is the terrice which is part of common area as was for solar system and water tank be available to all flat owner or is not available as its not specifically mentioned in the sale deed...
please do help experts...as our suit in civil court is rejected saying that the facility is not available as its not mentioned in sale deed that super build area has been sold to us also there is no mention of community hall and terrice as common area in the sale deed...
thanx
manoj
R.K Nanda
(Expert) 08 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 08 December 2012
1. what ever has been mentioned in the sale-deed of the individual is available to him but if the society has executed a specific agreement with the builder and all common places fall therein then the builder cannot refuse to handover those to the society as per agreement.
2. In the light of dismissal of your civil case, file an appeal before the appellate court.
You have not mentioned whether the sale-deed has been executed with the individual flat owners or with the society. clarify it.
Manoj
(Querist) 09 December 2012
Sir
Agreement has been executed between individual and builder and not with society.
Sir is the common area mentioned in the sale deed is inclusive only or is exclusive..
Sir i have come to know that there are supreme court judgement wherein it has been said that facility to common area cannot be denied merely because its not mentioned in the sale deed as builder charge for super build area which include flat and general common area..sir can u help with the judgement
regards
manoj
Raj Kumar Makkad
(Expert) 09 December 2012
If the sale-deed is executed only between an individual and the builder then the builder cannot keep hold on the common facilities in view of the Supreme Court of India judgment titled Nahalchand Laloochand P. Ltd. vs. Panchali Co-Op. Housing Sty. Ltd. and some other judgments of similar nature.
Manoj
(Querist) 09 December 2012
thanx sir for reply...sir can u pl help with some more supreme court judgement wherein it is clarified that common area mentioned in sale deed is not exclusive but inclusive
ajay sethi
(Expert) 09 December 2012
builder cannot sell flats on basi of super built up area . atleast in mahrashtra aagreement have to mention carpet area of flat . please check ownerhsip of flat act of your state
Raj Kumar Makkad
(Expert) 09 December 2012
Most welcome for your appreciation but I do suggest to make some labour at your own end by visiting the relevant site www.indiankanoon.com for searching the relevant citations.
Manoj
(Querist) 10 December 2012
Dear Sir
well i have read some judgement of supreme court but not sure what one will be relevant to our case, as in jaipur apartment act is not there....pl do help if possible...
regards
manoj
ajay sethi
(Expert) 10 December 2012
contact a local lawyer .
Raj Kumar Makkad
(Expert) 10 December 2012
You shall have to personally engage either of the lawyers for your relevant help.
