Over construction of flats by a builder
Shailesh
(Querist) 24 June 2014
This query is : Resolved
Sir
This pertains to HARYANA
A GROUP HOUSING PLOT WAS ALLOTED BY HUDA HARYANA URBAN DEVELOPMENT SOCIETY
the permission was to build 50 flats.
The Builder and Management committee were hand in hand.
thus there were 50 shares .
They built 54 flats.
But they were unable to get completion for 54 flats.
So they showed 46 flats + 4 pent houses = 50 flats and took completion
For over construction (Excess construction) they paid penalty .
these 4 pent houses were never pent houses - but 2 individuals flats in each.
The builders realised that a very huge unit of 6 rooms would get little buyers and would not fulfil his greed.
These 4 pent houses were allotted either to the builder / president of the society - in joint names (A+B - for example)
Later A+B - who were brothers approached a local court for partition - family settlement and partitioned the flat .
The earlier flats were numbered 801/901/804 and 904.
The flats were partitioned and new flats 801 and 801A , 901 and 901A were created .
Ideally while a flat can be partitioned - the share certificate can not be and it should be sold as a single unit .
The same was not satisfying the builders greed (As I said Such a big unit would not command higher premium)
The builder and management committee - passed resolution to increase share holders by 4 siting the court partition judgement.
I was sold one such flat created .
I have been sold flat no 801A.
The flat originally was 801 - and was originally allotted to Mr Sunil Gupta And Mr Anil Gupta .
It was partitioned and they took the flats 801 and 801A .
Mr Sunil Gupta sold me 801A.
Mr Anil gupta who was brother of Sunil Gupta was also the President of the society during this .
Mr Anil gupta now wants to move out.
A faction of the society has now raised concerns on the 4 invalid shares (One of which is mine)
Please advise
1)Can Shares in Group Housing Society be increased
2)WHat are my legal options
3)I want to restrain Mr Anil Gupta from selling the other unit to another innocent person .
Rgds
R.K Nanda
(Expert) 25 June 2014
consult local lawyer.
ajay sethi
(Expert) 25 June 2014
1) 4 flats are illegal and liable to be demolished by HUDA unless HUDA has regularised unauthorised construction .
2) for each flat there can only be one share certificate . in your case partition has been done by court on basis of which share certificate issued . no appeal has been filed by any member against allotment of share certificate to you .
3) society has approved flat transfer in your name .
4) your sale deed must contain an indemnity clause that safeguards your interest in the vent of any dispute regarding your flat .
Kolla Gangadhar
(Expert) 25 June 2014
Flats should be constructed according to sanctioned Plan, illegal construction must be reported to Plan Sanctioning authority so that it will be regularized or demolished.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
The knife is hanging over the head. The illegally constructed flats may either be demolished or may be regularized by the authorities on an application by the owner. Until the same is not regularized, share certificate cannot be issued to the flat, thus as advised by experts, better be in touch with a local lawyer so that in the event of any such drastic action by the authorities, you may take shelter through the advocate by your side.
Dr J C Vashista
(Expert) 28 June 2014
Did you bring the information (as stated hereinabove) to the notice of HUDA officials, Registrar Cooperative Societies, Municipal Commissioner, Town planner, Fire Master (of the city/town), Director of Environment, Airport Authority and other authorities, in writing?
Adv D P Jindal
(Expert) 28 June 2014
For allotting a flat, one should be member of the society. If there were 50 members, how these can be allotted to 54 persons Such as 801, 901 and 801A and 901A. When the penthouse was partitioned and allotted to 2 members, these should be members of the society, and there is a possibility that one of the partition holder was already allotted the flat. And please note that a flat is a single dwelling unit, which cannot be partitioned. You may file a FIR under Section 420 against the society for the foul play and cheating the already existing member and the new member
Shailesh
(Querist) 28 June 2014
Sirs .
The problem is I have already bought the flat.
Lodging fir will not help me.
How can I save my money.
I paid majorly in cash also
