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  • Category: State Government

    Flats Regularised under BRS in 2010


    Facing a query regarding flats regularised under BRS norms? Looking out for legal advice to resolve issue car park allotted by builder? Check out this ask Expert page and get answers for your queries.

    Builder constructed 25 flats 5/Floor instead 20 flats 4/ Floor approved by GHMC ( Malkajgiri) in 2002. NOC and Sale Deed for those 5 were arr by the Builder. The builder also allotted car park for 24 flats which were marked at the Silt.
    Later 5 Flats were Regularised under BRS in 2010. One of owner did not accept the allotment and asked for review. The owners Assn did not agree. The builder went with the Assn as car parking allotment plan was signed by him. It went to the court. The builder retracted saying Sch C was not submitted. Hence allotment plan was not registered. The allotment plan signed by the builder was not even admitted as evidence by court. In its order court said resident owner can park his vehicle in any vacant space. On ground it did not happen. Now one of the Flat is sold with a new sale deed which includes 100 square ft car park duly regs by SRO. It is not marked.
    Now what is the legal status of those five flats Regularised under BRS vis-a-vis to their claim on car parks initially allotted by the builder?
  • Answers

    3 Answers found.
  • Under the BRS scheme in Hyderabad, the additional construction of the flats were regularised if the additions were not above 25% of the total project. The builder might have got the approval under BRS scheme i this case as 5 extra flats are 25% of the original project only.

    As regards to the car parking please find out whether the car parking slot number was a part of the flat while registering it with the authority or an internal arrangement by the builder. If it is internal arrangement then there should be a lease deed or sale deed separately for the car parking otherwise it has no legal sanctity. If you move to court for this matter court will say that either allot a car parking on first come first serve basis (based on the date of booking or taking possession of it) or it should be made common to all the residents. Another important issue is whether car parking is mentioned in the sale deed as an integral part of the flat sale or not. If it is separate then it should have another sale deed. In absence of a sale deed no resident can have exclusive right on a particular slot.

    The residents of the complex should sit together and make a strategy to deal this issue with the builder otherwise builder on one pretext or other will not allot the car parking slot in correct order.

    Knowledge is power.

  • Schedule C was not submitted. There are provision for 9 Car Parks and 20 Two wheelers for 20 approved flats. Sale Deeds for all 25 flats in 2001 make no mention of any car park. Car parking were made by the Assn but they roped in the builder . He signed the rough hand made sketch. Additional 5 owners hv now to be accomodated . My query is - at this point has Builder any authority on allotment?

  • BRS is building regularisation Scheme initiated by GHMA for the regularisation of already constructed flats in mullitflatbuildings. Upton 25% more than the approved flats are being regularised under this scheme. There will not be any problem to purchase these flats once they are regularised.
    Coming to car parking, the document mentioning the car parking should also be registered or it should be mentioned in your property registration document. If it is a document made by the builder also it is not valid if it is not registered. The residents in the apartment should have some understanding and park their vehicles accordingly. Non of them will have any right. If the flat owner writes in his reselling document and gets it registered also it is not valid as the property registered by the seller is not his property. The other residents can go to the court as there is no link document. The best thing is that all the owners can sit and decide.

    drrao
    always confident


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