Worried about what to do with garden flat ?
db
(Querist) 02 May 2012
This query is : Resolved
1) The builder has marked it in Notarised agreement
2) Mentioned it in Housing society agreement
3) But obliviously not mentioned in main plan (Corporation copy )
4) Garden is situated in between compound wall and my flat
5) Builder has provided Door from living room using steps to access garden.
6) As it is on Ground floor no Terrace is there , but land under Terrace is part of my Garden
One of the member objected on Garden area, and PCMC came and removed chain link from Garden walls. Now there are no walls /chain links.
My Questions are,
1) Can I use this open space legally?
2) I know building a wall compound on Garden boundaries is not legal but can I claim exclusive use on the Garden’s open area?
3) Shall I have to sale it and look for another property?
4) Or at least can I use area to build balcony which is covered by upper terrace and then unclaim open space and hand over it to the society later?
5) Do I need to take permission of someone to construct balcony at ground floor and also change the door location to from Living room to another room to access balcony?
We are totally depressed Your feedback on the same will be highly appreciated
ajay sethi
(Expert) 02 May 2012
is cooperative society formed?
if builder has sold you open garden and it forms part of your agreement entered into with the builder you would be owner of that garden area . however same should be reflected in buidling plan sanctioned by muncipal corporatiion .
if muncipal corporation has pursuant to objection taken by one of flat owners demolished the chain links obviously it is illegal .
you cannot use the space legally nor can you claim exclusive use of said area
V R SHROFF
(Expert) 03 May 2012
I do agree with sethi.
Shonee Kapoor
(Expert) 03 May 2012
Nothing to be added after advise of Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
db
(Querist) 05 May 2012
Okay, actually cooperative society has been formed already in 2005. Garden arear is mentioned in sale deed and not in PCMC sanctioned plan. Can we still request builder/corporation to add/modify it in sanctioned plan ?
ajay sethi
(Expert) 05 May 2012
if in sanctioned plan it is not mentioned then obviously its illegal . builder has taken you for ride . your cause of action is against builder . drag him to consumer court
db
(Querist) 07 May 2012
Ohhh...I have to warm up first...anyway thanks Mr. Sethi and others too ,for your prompt and valuable advice
db
(Querist) 30 May 2012
Appritiate your responses, very nice ,
