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ramona   30 June 2017

Flat owner and land right

 

Hello,

I am from Goa and I would like to know if I am buying a flat in a cooperative housing society, and the land belongs to the builder, does that limit my ownership? And should I negotiate further on the price of that flat since my ownership is only limited to the flat? Also, once I get possession, what all areas legally belong to me besides my flat, as in corridor, stairs, parking, etc? I have been told that in a cooperative housing society all these commonly belong to the flat owners, but my question is every flat owner will have varying size of the flat, like for example; I may have 50 sq.mt. and my neighbor may have 70 sq.mt., so does it still mean we have equal rights to all the common areas? I would like your kind advise on this, its urgent please.

Thanks and regards,
Ramona. 



Learning

 3 Replies

Kumar Doab (FIN)     30 June 2017

Common areas are for common use and enjoyment.

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Raveena Kataria (Advocate )     03 July 2017

Removed.

Raveena Kataria (Advocate )     03 July 2017

Every person having the ownership of a flat in the said building will have equal access to the common areas of the building, including the staircase, corridors, parking, garden etc irrespective of the size of the flat, be assured. Moreover, you will have absolute ownership rights over your own flat, so you can further resell it, gift it, etc, as per your own discretion.


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