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Purchased a flat will the rights be alotted according to registration
10-Oct-2023 (In Property Law)
I purchased a flat in 2013 in an apparment.In my registration it is mentioned that I have a proportionate right in the land on which the property is and also in common facilities.Also it is mentioned that the said property is residential type.The apartment has an basement in which the builder runs a shopping mall.My query are:- 1) Do I and other flat owners have any sort of right in the basement,as we have proportionate share in the land and common facilities. 2)Can someone run a shopping mall in the basement of the residential building which is causing annoyance to the residents. 3)I had recently paid my property tax in which I paid tax for my flat and also for parking,the Mcd charged me for 22 sq yards parking as I am owner of 100 sq yard flat,but the builder says that u have only parking right for a single car.Will this tax receipt of Mcd proves that I have a right to 22 sq yard parking in common parking. 4)Can you advise me about what is legal and what options I have.
yes definitely you have rights in basement and other facilities as it is mentioned in your agreement..so you can definitely go ahead and seek specific performance of the entire agreement as not been executed.Therefore besides this running a mall in resedential project is completely illegal and unauthorised therefore there are different remedies criminal as well as civil which can be seeked over the same.We can go ahead and file complaints at different authorities and we can also file civil suit in civil court for grant of restrain orders against mall nd shop owners besides this we can also approach hon'ble high court.Therefore depends what remedy to be availed by you.
Helpful?
20+
20+
Adv. Nishant Solanki
Delhi | 200+ Answers
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Answer to your questions are :-
1. Yes
2.No.
3. Yes
4. You should serve legal notice through a lawyer upon the builder and then file case in consumer Forum for required reliefs and also claim compensation for harassment and inconvenience etc.
For details and or legal help you may contact me if so desire.
1. Yes
2.No.
3. Yes
4. You should serve legal notice through a lawyer upon the builder and then file case in consumer Forum for required reliefs and also claim compensation for harassment and inconvenience etc.
For details and or legal help you may contact me if so desire.
Helpful?
25+
25+
Adv. S P Srivastava
Delhi | 200+ Answers
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the proportionate share basically relates to the land on which property is built up as in delhi most of the property are not freehold but leasehold, so without any right in land the flats right will be meaningless, accordingly right in proportionate land is also given.
no one can run shopping mall or any other commercial activity in residential complex. it is only permissible to professionals like advocate, ca, doctors etc. to use 50% of the residence as their working area i.e clinic/chamber and not to anyone else.
you will not get any right in basement as that is not art of your sale deed or agreement to sell which might have been executed by the builder...
it must have been written in your agreement the extent of your car parking i.e 1 or 2. if not then you can claim as you are paying tax over 22 sq. yard.. but considering the other flat owners, parking space may have been accordingly divided.
no one can run shopping mall or any other commercial activity in residential complex. it is only permissible to professionals like advocate, ca, doctors etc. to use 50% of the residence as their working area i.e clinic/chamber and not to anyone else.
you will not get any right in basement as that is not art of your sale deed or agreement to sell which might have been executed by the builder...
it must have been written in your agreement the extent of your car parking i.e 1 or 2. if not then you can claim as you are paying tax over 22 sq. yard.. but considering the other flat owners, parking space may have been accordingly divided.
Helpful?
14+
14+
Adv. Ashutosh Dubey
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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