I have purchased an ongoing property in Calicut and the sales agreement is already registered.There are 112 flats and there is a departmental store also mentioned along with property descripttion.It is situated in a land area of 102.7 cents and the total land owned by the builder is 110 and the remaining unallocated land is being planned for road expansion and not included in the agreement. As per the sale agreement , UDS is distributed between all the flat owners based on their super built up area and UDS percentage is mentioned in the sales agreement. Now the construction of building is finished and occupancy certificate is already obtained.It is the time for sale deed registration and the builder has shared the draft copy of the sale agreement, where they have added some new clauses and as per that builder has modified field the land area as 105 cents and has mentioned that it's for the enjoyment of the buyers, but has reduced the earlier promised UDS proportion, but retained the same UDS area with a new calculation and by doing so, builder is claiming around 2.25% of the UDS now.The intention of this action from builder is to establish their ownership for the departmental store which is situated in the 102.7 cent of land and our swimming pool is placed on the top of this department store.Is this proposal from builder legally right? isn't deviation from the sale agreement ? since the department store is situated in the distributed UDS as per sale agreement , , isn't the apartment buyers the owner of department store? it's a RERA registered property and what action the buyers can take now? is it possible to go to court before registration or is it fine to go to court after doing the sale deed registration with the builder proposed changes? Looking forward your kind advises.
