query regarding property

padma

Hi,

We are planning to buy a 1 bhk (in 3rd floor) portion in a 3 floor building which is having permission to construct only for 2 floors. Pls let me know whether we will get a share in the land like apartments.

Regards
Padma

hemantarch

yes you are fully entitled to get the share in land on which that building has been constructed.
because when we drafting the sale deed it shall be mentioned in it.
and in my view it is compulsary required that every person who are purchasing apartment in any building in any floor or part of the floor have to mentioned in sale deed that so and so % share shall be in land.
hemant

Gudak100

Form your querry you seem to be reasonably aware of the fact that the floor which you intend to purchase is illegal construction. when the floor itself is illegal no conveyance (Sale Deed) for purchasing the same will legalise it and therefore you will not have any right proportionate share in the undivided land, over which building has been constructed.

kiranbkhot

While purchase of the property it is necessary to ascertain whether there is valid sanction for the construction, knowing it well that there is no sanction to the construction, the transaction is risky. The municipal authority may by imposing fine, regularise the illegal construction. If the developement is deemed as per apartment ownership act, in that event there can be claim on un divided propertionate share in the land subject to approval to the said construction by municipal authority.