Seeking help related to my Apartment.

This is regarding an apartment-related topic. The apartment was constructed by the builder with an initial plan of Ground plus 3 floors (G+4), and was sold to potential buyers around 2010-12 (not sure about the exact years). Going forward, the builder got an approval from bbmp (a drawing plan was shared to us) saying that they have received permission to build one more floor of flats, so now it is G+4 instead of G+3. I and others had bought the 4th-floor apartment with the documents shared included the layout (an approved seal was present from bbmp) and taking it forward we got it registered at the local BBMP. I specifically for my document/s got it mentioned that there is a car parking also with the flat for both registrations as well as Sale Deed and me believe the other 4th floor owners did something similar. Now, the problem is that the guys who had booked it previously with G+3 layout had promised a lot of things and the builder had delayed too many things and they were frustrated, in-between all this the 4th floor got added and these guys got even more frustrated. Now it’s been 5 years (we moved in) since this topic of 4th floor being ‘illegal’ is being tortured/pressurized by the other floor guys (not all of them) and are trying to deny us by also saying that we don’t have a parking lot for 4th floor, which is not the case as we are having the required documents. The building is split into 60% apartments owned by the landowner and the rest is being owned by individuals who bought by builders. Now there is also a political topic being played by some of them wherein they have convinced the landowner also to say that the 4th floor is illegal. Please note if the 4th floor is illegal, how is that the landowner (who also has some share of apartments from the 4th floor) was getting tenants to stay there and collecting the rent. This topic now has reached a peak and the G+3 guys along with landowner (based on some document which the landowner is having as a proof stating that the 4th floor is illegal) have decided to take away the parking lots from the 4th floor. To be upfront, the builder shut his shop and ran away, basically whoever is staying in this apartment is not having a NOC from the builder till date and if that is the logic to be applied then every apartment is illegal I believe. Builder initially had tied us up with one of the banks for a loan which also means that the bank also checked the documents and found it legal before providing the loan. Please suggest on how to tackle this, it’s been emotionally draining for each of us because of a few of them?

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bank may approve a loan even on litigation property and we have seen many cases of such in these years and the panel Adv of bank simply clear the title and bank sanctions loan to earn interest and as they have strong legal tools to recover money with the help of courts in any manner. So always get private legal opinion from good specialised lawyers.

Well if this third floor owners and land owner hacthing any plan then you guys G4 owners should approach civil court and get an injunction order against them on parking slots till the disposal of the suit and as you have mentioned that fourth floor has sanctioned plan then get it verified from lawyer or BBMP official before approaching the court so that you have valid stance to get a order from court. ( It’s very rare to get second permission to increase another floor ) Once you get court order then this matter will years and sometime decades. Will reach supreme court then your next generation may fight these cases.

Answered on July 6, 2018.
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