We are staying in the complex for last 13 years but builder says that we have to pay for new flat after reconstruction and redevelopment.
2 years ago
Dear Sir / Madam,
We bought an property 13 years back and still we are staying in same.the room is situated in society compound separated from building .Their is and gap of 5 feet between our room and society building . 12 members are staying in building and one in compound i.e total of 13 flats in society.Our room is been registered in municipality i.e index 2 we have share certificate from society ,we are paying maintenance charges every month to society having light bill in our name tax bill on our name having Tax survey number and all municipal documents .Apart from all this society takes additional charges from us such as repairing charges etc. Now the issue is a builder has approached building members for redevelopment and on inquiring it came to know that the CD is still registered on old builder name so building members approached an advocate to transfer the same form old builder to their name but in CD they have taken sign of only 12 members and we are been left aside . on asking they replied that only 12 room are legal members of society and our room is in building compound which is illegal so you cannot be added in CD .your room is not been included in society plan.We can't help you if want to stay in same building then have to pay for new flat to builder as per market price . It would be great help if any one can guide me what to do in such situation .
Firstly, you should send a legal notice to the builder stating your demands, and if they do not comply, then file for an injunction against the builder in a civil court. You are deemed owner of the flat as you have tax certificate and share certificate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
With the implementation of the RERA Act of 2016, developers are required to follow the sanctioned designs and layout plans. According to Section 2 (zq) of the RERA Act of 2016, "sanctioned plan" refers to the site plan, building plan, service plan, parking and circulation plan, landscape plan, layout plan, zoning plan, and any other plan, as well as structural designs, if applicable, and permissions such as environmental permission and other permissions, that are approved by the competent authority prior to the start of a real estate project. Thereofore in the present case it is not lawful for the builder to include the same afterwards.
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You may approach Civil Court and get an injunction order against the builders and others since you seems to be owner of that room which has separate identity and the builder cannot claim any right over your property.
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Vaidehi Samant
Responded 2 years ago
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