Transfer of land and building by indenture of assignment
Querist :
Anonymous
(Querist) 20 September 2023
This query is : Resolved
The builder has transfered Land and building by Indenture of assignment signed by him and deposited it in the BMC Mumbaiin 2005 with foloowing Third Schedule inserted in it
THE THIRD SCHEDULE ABOVE REFFERED TO
COMMON AREA
1- Entrance with lobby on stilt/ground floor
2- staircases with landings from stilt to ground floor up to the 11th floor
3-lobbies of stilt/ground floors onwards up to 6th floors
4-compound open to sky but excluding open parking place
RESTRCTED COMMON AREA
1-Staircases from stilt/ground floor towards basement would be exclusively used by owners /occupants of basement floors premises
2-Lobbies of 7th 8th 9th 10th 11th floors would be exclusively used by owners /occupants of respective premises
3-Staircase with landings from from 9th floor owners up to top terrace floors level would be exclusively used by owners /occupants of 10th 11th and terrace floor premises
4-Exclusive rights in respect of the terrace on 11th floor level and 12th floor level have been allotted /given to the purchaser/allottee of flat no 1101 and 1005 in the same building respectively
5-Exclusive rights in respect of entire basement floor have been allotted /given to Mr kishor Chheda purchaser /allotee of flat no 1004
6- out of the three lifts one lift shown on the floor plan annexed hereto with blue color wash thereon is exclusively reserved and used by Mr Kishor chheda and his family member’s the owners and occupants of 10th and 11th floor and their successor associates and all expenses of lift will be born by 10th and 11th fl
The BMC has not taken this indeture on record even if it has been submitted in bmc in 2005 as per RTI act
The above third schedule is incorporated in the sale agreements of the members /buyers of 7th to 12 th floors in 2005 itself
My question is
What is the implication of above third schedule on the transfer of L&B to Society?
Whether this indenture is valid in law?
Does it mean builder has sold part of L&B of building to members of 7th to 12th floors
T. Kalaiselvan, Advocate
(Expert) 02 October 2023
The third schedule is the one made to describe about various allotments made by the builder to respective owners accordingly as per the sale agreement condition.
If you feel that this indenture is not legally proper and valid you can approach court or RERA venting out your grievances and seek relief and remedy
