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How to get back possession of flat built on refugee area?
29-Sep-2023 (In Property Law)
I had purchased a 1 BHK flat in a 20 storey building in South Mumbai 5 years back. Later I came to know that this flat which is on 8th. floor is built on refugee area of the building. Earlier this year there was some untoward event in the building risking life of a 7 year old child. The matter reached municipal corporation and we were ordered to vacate our flat. Our builder also issued notice to us saying to vacate flat till matter subsides. Municplal corporation has done some demolition in our flat. Its been 5 months now and yet we are not able to back possession of our flat. kindly let me know about the fate of our flat and how can I get its possession and legalize it.
Dear Cleint,
There is concept of refugee area in high rise buildings, which is used by the occupants during emergency. The new guidelines for refuge area make it mandatory for builders to provide a dedicated refuge area at every 7th floor after the first 24 meters of the high rise building.
Before purchase of flat, you have to verify the title of the property, which includes ( approved plan, construction permission, occupancy certificate, third party rights, encumbrance, etc).
If you are sold the flat constructed on refugee area by the developer, you have to file cheating case against developer and also approach Court of law with your grievances.
Expert Jurist LLP
There is concept of refugee area in high rise buildings, which is used by the occupants during emergency. The new guidelines for refuge area make it mandatory for builders to provide a dedicated refuge area at every 7th floor after the first 24 meters of the high rise building.
Before purchase of flat, you have to verify the title of the property, which includes ( approved plan, construction permission, occupancy certificate, third party rights, encumbrance, etc).
If you are sold the flat constructed on refugee area by the developer, you have to file cheating case against developer and also approach Court of law with your grievances.
Expert Jurist LLP
Helpful?
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Adv. JV Bhosale
Mumbai | 400+ Answers
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Dear Querist,
The builder has cheated you by selling the non saleable area and it had been purchased by you without perusing the sanctioned plans. If he has proposed any plan for amendment and bringing the same within the purview of the saleable area then you need to challenge the notice or else sue the builder for consideration and interest
The builder has cheated you by selling the non saleable area and it had been purchased by you without perusing the sanctioned plans. If he has proposed any plan for amendment and bringing the same within the purview of the saleable area then you need to challenge the notice or else sue the builder for consideration and interest
Helpful?
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37+
Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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