Builder had sold G+1 flat to 8 families. During sale it was informed that only 8 flats and approval was only for 8. But later builder constructed a small portiion - one room and one kitchen + toiltet and bath on terrace. When enquired he informed it is for construction workers to stay until construction completed. But even after two years of completion the family refused to vacate. The Builder was questioned on this. When the association called him for meeting for first time, he told he would vacate them but within few days registered some of the remaining UDS, on his wife's name and this was not informed to the Association or other flat owners. However, when the Assocation once again question the builder, he now claims that since UDS of 65 sft is registered in his wifes name, he has legal right to construct on the terrace and no one can vacate him. He is demading a huge sum to vacate. The Builder had sold the flat stating that there will be only 8 flats and the buyers had got bank loans based on this. But now, the Builder is not keeping his words and is demanding the flat owners for a ransom. What should the flat owner/Association do? What are recourse to claim possession.
