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Legal status of a >30 years old building without occupancy/ completion certificate?


14-Jul-2023 (In Civil Law)
I live in a builder floor built in the 90s. The initial sanctioned building plan (SBP) shows only basement, GF, FF and a barsati floor. But the building also has a SF, TF and then roof along with servant quarters in the rear setback since beginning. The building is not at all built according to the SBP and taking advantage of this a property dealer in connivance with some owners of my building have sold the servant quarters as separate units. I bought my flat on loan and recently inspected the title chain. In the documents it is written only as “proportionate rights of land beneath the building”, but not %age is mentioned. Will the owner of servant quarters too have a proportionate share in the land? As the whole building seems illegal what is the legal status of all the owners of this property? How may we secure ourselves and our property at this stage? Thank you!
Answers (3)

Answer #1
504 votes
Dear Sir, To determine the status of each owner's right in the property the original title chain documents will be essential. Only those persons who have roof rights can build further floors, not included in the initial SBP. If the construction has been done without having any roof rights then the entire portion so constructed will be illegal. Consequently, the owners of the illegal construction will have no right to the land upon which the building stands. Your portion of the property will remain safe as long as it matches with original chain of title documents. Kindly contact me in case you wish to discuss this issue further.
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Advocate Sampanna Pani

Adv. Sampanna Pani

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Answer #2
587 votes
That depends, if the sanctioned plan does not mention about the rest floors which have been built after the sanctioned plan, there must be some other documents such as GPA or MCD sanctioned plan or DDA sanction for the construction. However, your query seems to pertain about the servant quarter, as named, it can't be sold separately as there should not be any documents with respect to that. the builder might have provided it by separate agreement on his letter head. that needs to be ascertain. The rights as of now, will be to serve legal notice to the builder and the respective(alleged) owner of the servant quarter.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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Answer #3
632 votes
The deal is not clear but is of suspicious in nature. it is a settled that an illegality does not get legalized by lapse of time. so if building is illegal from inception then it is illegal forever or till it get regularised in terms of municipal laws relating to construction and building. All the owners of different portions in the building are legally entitled to proportionate land underneath. All so called owners have no right of ownership. No other way to get secure.
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Advocate Siddharth Srivastava

Adv. Siddharth Srivastava

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