Your property-related legal queries answered by Rank Associates

I purchased a flat measuring 1,235 sq. ft in 2002. The compound consists of two buildings - A and B. Building A has six flats comparatively smaller in size ranging from 600 to 900 sq. ft while building B has five flats, three 900 sq. ft and two of 1,235 sq. ft each. One portion of building B is dedicated to car parking where a maximum of 10 cars can be parked. Even though I had insisted that the builder mark my car parking he maintained that the smaller flats do not have the right for car parking and hence I will have no problem. For several years I had no problem. I shifted to Bangalore two years ago. Now some members of the building are maintaining that no one will have exclusive use of car parking and all members including small flat owners have to use the car parking by rotation. Because of this argument I am not able to rent out/sell the flat for the last two years. I understand that as per CMDA/corporation rules a flat owner who has more 75 sq. m plinth area is automatically entitled for marked car parking. Even though I took up the matter with the builder he is not helping me. How do I assert my legitimate right for marked car parking?

K.V. Chandran, Bangalore

The authorities generally stipulate a minimum number of car parking spaces for the purposes of convenient enjoyment of the complex as well as to avoid congestion on the abutting roads. This does not confer a legal right on apartment buyers. Appurtenant land has to be enjoyed in common with all the other apartment owners. The Society/Association can lay proper guidelines for using the parking areas.

We (I and my aunt) purchased an independent house from a single owner in 2009. The total extent is 2,600 sq. ft with GF built-up area of 887 sq. ft and FF 968 sq. ft. Since we wanted two separate sale deeds, we registered an UDS of 1300 sq. ft and GF in my aunt’s name and other half-share of 1,300 sq. ft UDS + FF in my name as the buyers. In both sale deeds we did not mention anything about the common area, free access etc. since we never thought about it. The FF has a separate entrance via outside staircase. My queries are: 1.Whether the equal division of UDS is legally acceptable or is it strictly required to be proportionate to the flat areas? In the latter case, how to rectify? 2. Since there is a lot of free space within the compound, can we add one more bedroom to the GF? Can we build a room at the top (i.e., second floor)?

Maria Josephine

The ownership of undivided share of land as well as superstructure is normally reckoned based on the recitals in the registered Deed of Transfer/Conveyance. The fact that the built-up area is not directly proportionate to the land holding will not vitiate the title of the owner, but can support additional construction that may be put up later. In your case, additional construction can be put up by both of you after obtaining necessary approvals. Both of you should enter into separate construction agreements with the contractor to establish that each of you have borne the cost of construction of respective units independently.

You may also enter into a Mo Understanding clearly mentioning the status of ownership of such additional construction.

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