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- Veteran members, experienced and knowledgeable people in these issues - please comment / advice.CommentQuote0Flag
- Originally Posted by drsachinksI have heard a lot of different views in terms of selling and usage of stilts in Vaishali for 3 storied (9 flats in total, 3 on each floor) builder apartments. I need your expert advise on the following:
The building was constructed in the year 2003 and the builder had sold a part of stilt / basement as residential / office / storage leaving about 25% of the basement space for all residents for parking. In the sale deed there has been no mention of parking space for all residents of that building and residents have been buying and selling their properties since then in that building. While trying to buy a flat in that building it was offered to me to buy that space in the basement as well. I need advice and guidance considering the following:
a) The building doesn't have completion certificate from GDA.
b) The sale deed doesn't mention anything related to parking space. The understanding is that the common space will be utilised mutually by residents.
c) Will I be the legal owner of that basement space if the sale deed is duly registered in relevant government authority?
d) What does the bye laws state in terms of stilt / basement usage for such buildings? Will the current bye laws apply or the one that was in force in 2003? Please enlighten on what were the bye laws then with regards to such space?
e) Most of the residents have re modified their flats by extending their walls to cover whatever open space was given them in form of Balcony etc. Soem have even made their own exits from previous balconies to roads.
First things first , such building are made in complete violation of the approved map and all bye laws and building norms . So you cannot refer to bye-laws to ascertain your rights, the building itself is illegal as per the bye laws . That's why it does not have completion certificate .(None of such buildings in IP / Vaishali / Vasundhra will ). That's also why their is no mention of parking space in sale deed
The way it works in such building is that the builder dictates the terms . He can sell anything he want to , to whomsoever he want to , any time for any price for any usage. Your rights as a buyer is limited to the exclusive space you have purchased / Common area remain with builder . Once sold people do whatever they want in their individual space.
You say that you have been offered common area currently used as parking
If the space is currently exclusive to one person , i don't think buying it should be an issue . However since the space is common - the other owners might object to sale and exclusive usage . especially since parking is a necessity . You will want to ensure that builders tell everybody that he is selling the space and they will lose access to it . You can also do it personally
I hope that helpsCommentQuote1Flag
- Thanks for your valuable views. I also found out from GDA sources & was told exactly the same thing. Any space legally bought and registered by paying the stamp duty to the government defines the owner from a private ownership perspective. Legality of the construction, compounding of building or approval of maps or completion certificate issuance is purely the work of GDA as by bye laws etc. Since most of the buildings are in violation to the set guidelines - it is the "ownership / private property" of the space what makes it legal for the person who is has purchased it to live or use (this space) in the completely illegally built building!!! (Phew!!).
This place has been built in the above mentioned manner right from day one and all residents have bought their personal spaces / property after seeing what it is. The part of stilt area is already owned by someone so for me it it will be a re-sale deal.
Once again - thanks for taking out time to enlighten me on my queries.CommentQuote1Flag