Flat related issue
Sanjog Jain
(Querist) 26 April 2014
This query is : Resolved
I have purchased flat in building "B" having separate sanctioned plan and there is one adjoined building also there named "A" constructed before "B". Both building have common broad entrance.
Issue of usage and ownership of Community hall and garden completely situated in building "B". Builder with very cunningness also solicited building A owners and take Rs.50000 is cash and allow to use the same. Also inserted clause in our agreement i.e. "The Property hereby sold is part and parcel of various adjoining properties purchased by the Vendor (Developer) and the present project is Phase II of the said project and as such the Developer shall amalgamate all the entire properties and as such the common facilities that maybe provided shall be common for all the properties and if found feasible the maintenance shall also be charged and calculated jointly with the other owners of adjoining properties and the purchased shall not object to the same as the building is part of the entire project."
Presently amalgamation of properties is not done or not feasible as separate deed of declaration and secondly it is falsely said one project on paper both plan are sanctioned separately.
Please help me out how can we fight for property under our premises and our building plan.
Please do the needful.
ajay sethi
(Expert) 26 April 2014
you dont expect builder to provide separate community hall/ garden for each building . what is done is one community hall is built for entire project it is to be shared with other residents of adjoining buildings as mentioned in your agreement .
Sanjog Jain
(Querist) 26 April 2014
Sir....thanks for your reply. Even though project deed of declaration is different sanctioned plan ?? In agreement also mentioned our undividedd share is 5.91 % i.e. 5.91X 100 = 100.47 % for 17 flat owners of our building. In than cash who is the legal owner of community hall and garden.
please explain sir.
Sanjog Jain
(Querist) 26 April 2014
Please provide explanation sir.
Sudhir Kumar, Advocate 
(Expert) 26 April 2014
repeated
http://www.lawyersclubindia.com/experts/Flat-related-issue-468611.asp#.U1uciqI1g48
ajay sethi
(Expert) 26 April 2014
terms of your agreement are sacrosant . as per agreement common facilities have to be shared with residents of other buildings .
builders do phase wise construction . after they are able to sell one building they will construct further buildings in the complex
Sanjog Jain
(Querist) 26 April 2014
Sir, I am asking who is the legal owner of property. I have paid the amount for common facilities.
ajay sethi
(Expert) 26 April 2014
builder is owner of the land till conveyance is done . you are the owner of only the flat which you bought from builder
Sanjog Jain
(Querist) 26 April 2014
What is the meaning of undivided share of 5.91 %? And in cluase I have sent in which builder commit amalgamation of property and then only it will may allow to share the property.
ABDUL RAZIQUE
(Expert) 26 April 2014
Contact local lawyer with deed and other documents.
undivided share means there is no fix place or possession of immovable property(land).
Sudhir Kumar, Advocate
(Expert) 27 April 2014
no useful advise can be given without site inspection and documents. Meet local lawyer.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
Properly advised by experts, if still not convinced, you may contact a local advocate and seek his opinion by showing him all the relevant papers in this connection.
