Is the sale of unauthorized room valid, can I purchase both?

In a multi-storied building, there is a generator room constructed as per the approved plan with a plinth area of 200 sq. ft. and 133 sq. ft. UDS, and a room of the same size built on top of it without approval 20 years ago. Since the generator was not purchased or installed, the builder sold both rooms to one of the flat owners in a single sale deed. Is the sale valid? I am the owner of another flat in the building. Can I buy both rooms together from the current owner? Property tax is being paid separately for both rooms.

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 16 Jan 2025

The sale of the approved generator room is valid, but the room constructed without approval may face legal challenges as unauthorized constructions generally cannot be regularized without proper permissions. You may buy both rooms together, but it is crucial to ensure that the unauthorized construction is regularized under local building laws beforehand. Additionally, verify the title deed, property tax receipts, and compliance with municipal regulations to avoid future disputes.

Admin
Advocate By LEAD INDIA Answered: 09 Dec 2024

Sir, the sale of the unauthorized room may be invalid but before buying you should consult an expert property lawyer to check the legality of the construction and ensure that the sale complies with local building and zoning laws and regularizing the illegal room may be necessary. For further legal assistance contact us on our helpline number.
 

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