LAW BOOK

HT Estates - - HTESTATES - Sunil Tyagi

I have booked an apart­ment in a project in Noida de­vel­oped by a re­puted builder. We came to know that the builder is plan­ning to build ad­di­tional floors/tow­ers in the same project. Can he do so?

— Ankit Sharma As per the Ut­tar Pradesh Apart­ment Own­er­ship Act, 2010 and rules framed there­un­der, the builder/ de­vel­oper can­not make changes to the build­ing plan of the project with­out tak­ing prior con­sent of the al­lot­tees of the apart­ment units. For the ad­di­tional floors/tow­ers to be built/ con­structed, prior con­sent is re­quired from you and all the other al­lot­tees. I have pur­chased a flat of 1,100 sq ft in a res­i­den­tial com­plex be­ing con­structed in Greater Noida. The builder has in­cluded lease rent payable to the author­ity in the ba­sic sell­ing price un­der the con­struc­tion-linked pay­ment plan. Can he charge the lease rent amount from the al­lot­tees?

— Ritesh Singh Gen­er­ally, as per the lease deed ex­e­cuted be­tween the author­ity and builder, the builder is re­quired to pay a cer­tain lease rent to the author­ity for the en­tire plot on which the group hous­ing project is be­ing de­vel­oped. This lease rent is an ex­pense in­curred by the builder and he may re­cover it pro-rata from the al­lot­tees. My son and daugh­ter in-law re­cently sep­a­rated and are go­ing through di­vorce pro­ceed­ings. As a mar­ried cou­ple they did not stay with us (my wife and me) in my house. Now, our daugh­ter-in­law is claim­ing that she has a right in my house and she wants to live here af­ter the di­vorce. Can she claim a right to live in my house af­ter divorc­ing my son?

— Arun Sethi The daugh­ter-in-law is only en­ti­tled to claim a right to res­i­dence in a shared house­hold from your son. A ‘shared house­hold’ would mean the house be­long­ing to or taken on rent by the hus­band or the joint prop­er­ties in which the hus­band has a share. Your daugh­terin-law can­not as­sert her rights in your prop­erty wherein your son, ie her hus­band has no rights, ti­tle or in­ter­est.

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