Dodging of Registration-Remedy?
Querist :
Anonymous
(Querist) 17 November 2009
This query is : Resolved
Dear Experts of forum,
I am facing a typical problem? I brought a flat in Hyderabad city and got registered in the year 2002 ( Signed by both Land owners and the builders/ Developers). During the same period i brought extra Parking space( paid total amount ,which is under my custody/use ), citing some reason the builder not registered the same. As on today the agreement between Builders and land owners is lapsed. Except FIVE garages, all are registered. Under the circumstances what should i do? And who is the owner of this unregistered property ?
Same time The builder has taken some money (* AS LOAN) from me, for the speedy construction of the above Premises (APARTMENT). Which is yet to be paid (to me). Now he is not in a position to pay me .
All flats occupants knows this, can i occupy terrace and claim rights if so who should i ask for permission, A) Occupants of Apartment ? B)Land owners ? C) Builders ( And the land owner)? Kindly go through Complete letter WORD by WORD and GUIDE ME.
Thanking you ALL in Advance.
A V Vishal
(Expert) 17 November 2009
Mr Anonymous
What reason did the builder cite for non registration of the extra parking space?
What does the agreement of sale & sale deed specify about the parking space allotment. Are there any specific clauses?
Do you have any proof of the loan given to the builder like any pro-note or any other evidence in writing?
You cannot claim the rights in the common areas of the apartment subject to if the terrace is in the possession of the builder which otherwise you need to seek his permission since forcible occupation will amount to tresspass and can land you in trouble.
Kiran Kumar
(Expert) 17 November 2009
Vishal is right, pls give reply to his queries then only u can be adviced properly.
adv. rajeev ( rajoo )
(Expert) 17 November 2009
without the agreement of sale and regd., sale deed u cnt do anything.
Raj Kumar Makkad
(Expert) 17 November 2009
The registered sale-deed is the basic document which can define your rights so if any term favouring found contained therein then it is ok otherwise dont expect anything and same is the matter in respect to your loan amount.
G V S Jagannadha Rao
(Expert) 17 November 2009
Dear Anonymous,
While full facts of your case are awaited, I wish to clarify a few points:
1. You bought a flat, so you are a co-owner of the apartments with other flat owners.
2. You say you have occupied the "extra" garage but do not have a document for that and the builder is not coming forward to register the same in your favour. You may explore the possibility of moving the District Consumer Forum seeking order directing registration of garage in your name. (subject of course, to your producing cogent evidence of your advancing money to him, your possession of garage etc.)
3. If you have proof of advancing loan to the builder, you can file a suit for recovery of the same, perhaps with interest.
4. Terrace would normally be a common property of all the owners. You may not be able to “occupy it and claim rights.
5. Even if some owners give you permission , or even if builder or land owner gives you permission, the same is not binding on others. More importantly you cannot achieve anything by merely occupying the terrance since you cannot make any construction there. The builder would not leave even an inch of FSI for you to develop.
Sachin Bhatia
(Expert) 17 November 2009
Without sale deed you can not take any legal action.
Querist :
Anonymous
(Querist) 18 November 2009
Dear Friends,
Thank you All of you for the Reply.
For A V Vishal's Query:
The differences between the Builders and the Land owners over the issue of adj.land.
In regards to the LOAN:I have taken a Promissory note signed in the year 2002 (I think it is time barred !), and Blank Undated Checks towards the LOAN taken.
Regarding Terrace: The Apartment is SQUARE (2 Flats X 2 Flats) . on this the builders are constructed 2 flats and trying to Regularise the same. Now i wants to convince the Apartment association (Occupants)by paying some amount to the Association as a compensation; Can i occupy terrace and claim rights if so who should i ask for permission, A) Occupants of Apartment ? B)Land owners ? C) Builders ( And the land owner)? PLEASE GUIDE ME.
Once again THANKING YOU All.
