Open Space Area in Sale deed
2 months ago
I received my flat through bank e-auction from one of the state owned bank. In the e-auction the Sale notice states 3 items for sale (3 flat - 1 Flat in Grnd Floor & 2 Flat in 1st Floor).
The item which is selected states - built up area of 1120sq ft. (942 Sq ft. Constructed area and 178 sq ft. Open area) along with 1/4th UDS of land out of total area of 2988 sqft, equivalent to 747 sq ft. The same was registered in my document.
Other 2 items states - built up area of 1000 sq ft. owned by XXX peerson, along with 1/4th UDS of land out of total area of 2988 sqft, equivalent to 747 sqft.
Now i face problem in utilising the 178 sq.ft area. All 3 owners says it is common. There flat was constructed in 1990's. when i check with Corporation on the approval plan, the floor plan was not availble with them.
One of the owner who stays in the same flat wheen it was constructed, he shows the plan that is not according to the current building model.
Can i claim by any means? Provide your valuable suggestion.
Any construction that deviates from the approved building plan is considered illegal and unauthorized, particularly after the issuance of a Completion Certificate (CC) or Occupancy Certificate (OC) by the building plan-approving authority.
The rooftops of a building are typically considered open terraces or open areas, which form part of the common area usable for all the floor owners of the multistoried building. Legally, a builder or developer does not have the right to sell the terrace or any part of the common area, as it is meant for the shared use and enjoyment of all the residents or floor owners of the building.
If there are concerns about such unauthorized constructions or sales of common areas, residents or owners may need to take legal action, such as reporting the matter to the local municipal authorities, filing a complaint, or seeking legal advice to address the issue and protect their rights. The relevant municipal authorities or housing society bylaws may have provisions for addressing such violations and taking corrective measures.
Any construction in deviation from the approved building plan makes the construction illegal and unauthorized. especially after the issue of CC or OC by the Building plan-approving authority. The rooftops of the Building are also known as an open terrace or open area and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building.
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