If plot is leasehold, then whether builder can do apartment / society
Rajeev Gosavi
(Querist) 16 March 2015
This query is : Resolved
Our society is registered society. Society has acquired the entire land on Leasehold from Government. Afterward , society has made the plots and through lease deed on 999 years further transferred to individuals. I have one plot around 5800 sq.ft. on my name. Now I have given plot further to builder to construct the building . He has made apartment and sold it to 6 sub owners including me.
As per society by laws. I can either do the apartment / society on my leasehold property.
However, we have such 20-25 apartments/ society on such leasehold individual properties.
Now society has taken stand that, as per rule if the land is on leasehold, then member can construct the building on his own purpose. However he can not make either apartment or society on such leasehold property.
Due to this, since I am the only member of the society since the said plot is on my name. But other 5 flat owners society is not giving co-ownership or making member of the society. Since as per their opinion, such apartment/ society on such leasehold property is illegal.
Can somebody help me to understand the law, under which law/ sections it is applicable or which is not applicable.
Thanks.........Rajeev Gosavi
