I came across various articles written by you in the ‘Indian Cooperative’ site. I am a resident of Mumbai and would like to address a problem.
I own a flat in a 7 storied building. All floors have 4 flats except the 7th floor. In the 7th floor, the builder sold the open area (which is ideally the plot or area of a 4th flat) as a terrace to two of the adjoining flats. The adjoining flat members had been asked to pay for the open area by the builder. Besides the flat documents, the flat owners have received an ‘Additional Amenities’ document by the builder for the area sold as terrace. The flat owners have also duly paid the stamp duty for this area.
Can the society claim this area as a society property as the society has a separate terrace above the 7th floor?
I C Naik
If the builder has sold open space for a price and document is registered, the only way is ask a property lawyer to take a search to find out if the builder has sold the property which actually belonged to the Society. Is a professional work and the Society will have to incur professional charges. The right to property can be restored to its true owner by a Court Decree.
