FORUM
Equal share in another floor
I have booked a flat in Tambaram which has two blocks. Block A & Block B. As per the approved Plan Block A has two floors GF and FF (1+1) and Block B has two floors GF and FF (2+2). I have booked the GF in Block A. Initially the builder said that he will have a small office room in second floor. He retained the first floor as well. By the time we moved in, He has constructed a one room kitchen in second floor apart from the office room. I am not sure if he has got the
required approvals from CMDA.
My questions are: Do I have the equal share in the second floor?
If so, Can I also build rooms in second floor and own it after getting necessary approvals from CMDA?
Venkatesan
Mr. Narayanan replies: You may not have share in the second floor. The undivided share that you have purchased is relatable to the apartment owned by you. However, there could be cases where there is a mismatch of the undivided share of land, which is being sold and the undivided share of land which is actually proportionate to the apartment. It is also possible that the builder has retained certain undivided shares of land with a possible claim on such extent. It is equally possible that the second floor apartment is a violation of the Approved Plan. However, on the face of it, you may not have a claim to the second floor portion and the possibilities of your getting approvals from CMDA for any further construction on your own is almost non-existent.
Patta
I have a query on patta. Please clarify.When we buy a plot from a new layout, we are getting only our sale deed and the xerox copy of parent document. They are not giving copy of overall layout patta. Is it not required? If patta is not there then can it be considered as porumboke land though there is a survey number?
S.Prepalan
Mr. Narayanan replies: Merely because an earlier Patta is not available for the larger extent, it does not mean that the land is a Poramboke land. The land having a survey number will not provide any information on the nature of classification of land. This can always be separately checked from other records.
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