Rights of flat owners in common areas and amenities-uttar pradesh
Rupendra Porwal
(Querist) 13 September 2013
This query is : Resolved
As per Section 2 of U.P.ownership of Flat act 1975, the owner of land i.e. developer is subject to this Act only if a Declaration is submitted by the builder to development authorities setting out the details provided in section 10 of the act.
The builder says that it has not submitted DECLARATION WITH DEVELOPMENT AUTHORITIES, hence the ACT is not applicable on it and it is not obliged to provide rights in proportionate share of common facilities, areas and amenities to the flat owners.
Thus no builder will allow rights in proportionate share of common facilities, areas and amenities to the flat owners citing NO DECLARATION HAS BEEN SUBMITTED.
Questions:
1. How rights of flat owners could be secured irrespective of builder submits declaration or not?
2. Opinion on applicability of U.P.ownership of Flat act 1975 on all builders assuming builder/s has/have not submitted the declaration.
3. Any notification, case law or ruling for protection of rights of the flat owners where builder has not submitted declaration.
Regards,
Rupendra
ajay sethi
(Expert) 13 September 2013
has the construction been completed . has OC been given for the premises ?
Rajendra K Goyal
(Expert) 14 September 2013
Whether OC given to the building / premises.
Rupendra Porwal
(Querist) 14 September 2013
Purchaser of Flat has been given possession of completed flat in year 2008 but the sale deed could not be executed in favour of purchaser because Builder categorically says that U.P.ownership of Flat act 1975 is not applicable, hence it will not provide any rights of proportionate share of common facilities, areas and amenities to the flat owners.
OC has been given to building.
ajay sethi
(Expert) 14 September 2013
contact a local lawyer . move consumer forum for necessary reliefs
Rupendra Porwal
(Querist) 16 September 2013
Dear Friends, I look for very specific answers citing applicable laws.
V R SHROFF
(Expert) 16 September 2013
Consult local Advocate and file Court suit
