Land share for pent houses in an apartment

2 years ago

Hi Team, We are staying in an flat in an apartment (6*40 plot size) which is 8 years old with G+3 approval. However, the builder has built 2 pent houses in 4th floor and a small 300 sqft house in terrace in 5th floor. Initially, the security family used to stay in the terrace and other residents are ok with it. From past 4 years, the builder has not let the security stay there and rented it out to some tenants and says he has registered that 300 sqft house in his name. He also claims that 2 pent houses in 4th floor has undivided land share just like other flat owners.

My questions are
1. Do pent house get a land share just like other owners? if yes, then the builder will have a larger share in the property as he has two flats?
2. s this legal that he can register the 300 sqft house in terrace in his name and rent it?

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.As you have specified that the sanction was for G+3 storeys, therefore, it is necessary to file RTI before Plan sanctioning authority for that sanctioned building plan and if the deviation of sanctioned plan has been found, then to approach the Plan sanctioning authority to take steps against the unauthorised construction.

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