flat builder sold open space to third party

[sunil bachhawat]

Hi to every one.
need help on below matter-
after seeing layout of apartment I came to know that flat builder has sold open space (approved by minicipalty) to third party.

What relevant information should i ask for from municipal corporation for the
forgery done by builder. And what action can be taken against builder.
Thanking you.

[anusinha]

Hi Sunil,
You can ask the municipality to furnish the general layout plan of the concerned locality by filing a RTI application. The municipality's layout will clearly show the area marked as open space and it can then be used as a vital reason to prosecute the builder through proper channel.

[SomeGuy]

What relevant information should i ask for from municipal corporation for the forgery done by builder. And what action can be taken against builder.

Dear Sunil bachhawat,

While you can obtain information and documents from the municipal corporation as supporting evidence, your best course of action would be to immediately consult a trusted Advocate and initiate a civil suit against the builder to prevent him from creating any third party rights in the property.

Did the agreements you signed with the builder at the time of booking the flat clearly specify the number of flats, open space etc.? Did you register them?

regards,
SomeGuy

[whackpack]

dear sunil ji,

kindly elaborate on what is meant when you say the builder has sold the open space approved by municipality. is it common open plot, or open land or terrace? what is it indicated as, in the approval drawing?

for your reference, while your contention that open space cannot be sold by the builder, stamp duty department in gujarat very conveniently calculates stamp duty on such appurtenant land sold by the builder, and in fact has even specified that this land should be calculated at 30% of the rate specified for developed land

if you have copy of the approve drawing available with you, i do not think there is any information that you need to seek from the municipal corporation. the corporation has no mechanism to check the sale of such common land. you would have to consider the route suggested by someguy above.

further details may help understanding the matter better

[sunil bachhawat]

Thank u for replies.
I have not gone for rti ywt. I have got drawing from different source. As per drawing the area sold to third party is shaded and "open area" is mentioned. Obviously the area is open to sky because no construction is done there.

It has been year and all the flats are sold and occupied by owner. Almost all the flats are registered. Builder is not showing ant interest in handing the rights to society. No main gate is made at apartment campus. 70% boundry walls are left to be constructed and presently sorrunded by neighbour boundry wall. no permanent plantation gardening is done yet.


I need to know how the builder can pressuried to complete pending work. so what should i ask for in rti.

[whackpack]

dear sunil ji,

has the builder given you copy of completion certificate (sometimes called BU, or building use certificate)?

when the builder approached the municipal authorities for completion certificate, basic amenities should be in place. but unfortunately, that does not requires that there be a compound wall / compound gate around the property, and garden / plantation in the campus. i think there must be some regulation for tree plantation, as most corporation now take tree plantation deposit, that is one area where more research is required.

pertinent questions to ask to coroporation will include whether the builder has obtained the completion certificate or not, and if so, what are the criterias that need to be ascertained before releasing the completion certificate for any residential property, and whether these criterias are being fulfilled or not. you must also ask the name of the staff who conducted the completion visit, and copy of all file notings on the completion certificate, including noting from the technical staff who opined that completion certificate criteria are being satisfied, and that completion certificate should be released.

hope that helps.

[SomeGuy]

Dear Sunil Bachhawat,

In the state of Maharashtra, there is a law called the "Maharashtra Ownership Flats Act", for the protection of flat purchasers against the shenanigans of builders.

It stipulates amongst other things, that -
a) Builder cannot make any changes to the site or building plans which are not explicitly mentioned in agreements signed with flat takers,
b) flat owners can form a co-operative society as soon as a sufficient number of them have taken possession, even against the builder's desires,
c) builder is forced to convey title to the land to such society within fixed time (4 months, I think) after its formation, or else they can approach RoCS and Registrar of Documents and unilaterally get a "deemed conveyance" effected, and
d) builder is subject to imprisonment and fines if convicted of violating certain provisions of the act.

Analogous legislations exist in many states. Please find out if a similar enactment applicable to your state exists; it will typically have the state name, along with the words 'flats', or 'apartments', ond possibly 'ownership' in its name. If it exists, please read the act from end to end, along with all rules enacted under it. That will give you a much better idea of remedies available to you, along with how to proceed, and what all documents to seek from the Municipality, and possibly RoCS, etc. under the RTI Act.

regards,
SomeGuy

[sunil bachhawat]

Thank you for valuable information. This will help me to procede in right direction.
Thank u again.