Jayanti Devi (Student) 02 July 2024
developer has putchased land from owner and constructed a flat complex comprised of 4 buildings but due to construction issues flat has fallen down.. no insurance taken on property
now, land owner is different and developer is different both have left after forming management company..
all flat owners have mutated their names
who are the owners of the land now ? are all flat owners now new proprtionate owners of the land and does have the right to re construct the building ?
Dr. J C Vashista (Advocate ) 02 July 2024
Once title (ownership) rights have been transferred in the name of flat purchaser(s) they are the owners of proportional land beneath their flat(s), which must have been mentioned their in the Sale Deed, please check.
It's owner's baby to reconstruct, if there is no such clause of guarantee in the agreement with the developer / builder.
T. Kalaiselvan, Advocate (Advocate) 02 July 2024
Well analysed and advised by learned expert Dr. Vasishta sir, I endorse his views
Jayanti Devi (Student) 02 July 2024
I think even if it is not mentioned in the sale deed or conveyance deed, the new registered flat owners automatically become proprtionate land owners because their names are mutated as owners in the municipal corporation....
thus, the AGM of the formed and registered association will now decide the maintenance and reconstruction plan...
T. Kalaiselvan, Advocate (Advocate) 03 July 2024
You appear to be a student have analysed the issue properly even though it seems to be a moot court question, you may advise your client accordinlgy if you are not the one who is affected by this.
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