Pent house issue
Amratha
(Querist) 01 May 2014
This query is : Resolved
Dear sir,
In a Joint account, Myself and my husband bought a flat in Bangalore. The Apartment has got 6 divisions / Flats and one pent house which has no documents. All the 6 flats has been sold to individual owners now. On the mutual understanding of land owner and builder, there is pent house which is currently used by the old Land owner.
He is in a plan to sell the pent house, once the Akrama and sakrama proceedure gets functioned. Would like to add that old land owner is maintaining the property - housekeeping, electicity, water and lift by collecting money from all of us.
Till now, he has stopped us in forming the owner's association, as it effects him from BBMP.
Hence we (flat owners) want to know on below, Kindly help us in guiding
1. Will the illegal pent house becomes legal when he pays tax in Akrama sakrama happens. (it is at 100% voilation)
2. Will the pent house user will have right on common areas and land . (The land is divided into 6 undivided equal parts as per the agreements we all have).
3. Do we get benefited from forming a owner's association and registering it. What will be the proceedure.
4. In future, can this pent house owner (Who may buy) will be a threat to us. Will this affects on our rights on the flat / its amenties like parking, common area , lift etc
5. Should we complaint to BBMP on this. How can this help.
6. As the pent house user does not have a share in property's land (As he sold his share of 3 flats to individuals), is he eligible to stay in penthouse.
Kindly advise on the same and support us. Expecting your Guidance...
Have attached the document of Builder and land owner fyr.
Thanking you,
Amratha
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Devajyoti Barman
(Expert) 01 May 2014
1. Yes
2.yes
3.yes
4.no threat is perceive.
5.yes complaining illegal construction, if any.
6.legally so but for this you have to obtain a decree from court of law. Civil suit is advised.
Rajendra K Goyal
(Expert) 01 May 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Penthouse-issue-469226.asp#.U2I69lf9Fy0
