Apni Law Staff asked 2 years ago
Back in 2007, we bought a ground floor flat with a lovely garden space. The original building plan shows it as just scooter and cycle parking. But, the sale agreement and Index 2 clearly say we bought both the flat and the garden/parking area. The final deed, however, uses an older plan that doesn’t show the garden. It also mentions society members can’t use areas listed in our agreement. So, I have a few questions:1. Could the society try to take over our garden area in the future?2. Should the builder have updated the plan to show the garden as part of our flat?3. We want to sell the flat, but the buyer’s bank needs a plan showing the garden with the flat. What can we do about this?
Best Answer
Apni Law Staff answered 2 years ago
The society cannot take over your garden area as your sale agreement and Index 2 clearly indicate its ownership. The builder should have updated the plan to reflect the garden’s inclusion in your flat. To resolve the bank’s issue, you can file a suit for rectification of the deed to include the garden area, or obtain a no-objection certificate from the society confirming your ownership.
Please login or Register to submit your answer
