Can builder assign common area despite my registered undivided share?
I bought a builder floor (Stilt + 3) in Gurgaon. As per our understanding, each owner gets one parking lane, and the remaining lane with the lift and common room is shared. I’m the first to register, and my sale deed clearly mentions a 1/3rd undivided share in the stilt parking floor. No other registries have been done yet. Now, the builder has sold another floor and, without my knowledge, assigned the common room on the stilt to the new buyer, claiming that OC approval gives him the right. Can the builder legally do this when I already hold an undivided share in the stilt? Does the OC override the rights in my registered deed? What legal steps can I take to stop or challenge this? Any help is appreciated.
Dear Client, No. The flat has been registered in your name and a sale deed has been executed to this extend which specifically mentions the allocation of 1/3rd exclusive share in the stilt parking and common areas. Once this is done, assigning a portion of the said area without you express consent, is illegal. The occupancy certificate doesn’t override the registered sale deed. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
You have legal rights over the stilt area as per your registered sale deed. The builder cannot assign the common room to anyone without your consent. An Occupancy Certificate does not override your ownership rights. You can send a legal notice, file a complaint with RERA, or approach the court to stop this and protect your share. For further legal assistance contact us on our helpline number.
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