Re: Purchase of a Resale Flat at Bhayandar.
Raj
(Querist) 20 December 2010
This query is : Resolved
Hi all,
First of all I would like to thanks you in advance for providing me your valuable suggestions.
Let me start with stating that I have purchase a resale flat on ground floor from first buyer in a building at Bhayander.
The title of the property is clear.
There is a area of about 100 sf fts approx outside the building which has been taken inside by the first owner by creating a sort of fence before formation of the society. Actually he has made it like gallery and have made a separate entrance for it which is locked now and am being provided with the keys. Recently chairman of the society met and and said that that area is not covered in the agreement and plan of the flat and they would demolish the said structure. My query is: 1) Can a society demolish a structure which has been constructed before the formation of the society? 2) What is the procedure if I want to buy that area legally and what would be the position if society does not allows to me buy that area? waiting your response.
Thank you,
Raj
adv. rajeev ( rajoo )
(Expert) 20 December 2010
If you have purchased the 100 sq.ft from the first owner and it challenges you ownership then you will have to file a suit for declaration and injunction to declare you as owner of the 100sq.ft
M V Gupta
(Expert) 21 December 2010
If the structure has been erected by the previous owner of your flat without permission of the municipality and lies in the mandatory common area of the Society the Society can ask you to demolish the unauthorised structure and in case u do not comply they may complain to the Municipality who will take action under the law including demolition of the structure after giving due notice to u. This will be the position even if ur agreement for sale mentions about the sale of the area in question, as such sale is not valid in law and not binding on the Society.
