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Asked February 24, 2020

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I recently buying a floor in Delhi , Pitampura area and the owner/builder of the plot size 126 sqm are now denying to hand over the common passage ownership saying that we cannot handover this area since this means we are handing over the space itself. To elaborate their Plinth area is 126 sqm Permissible Ground Coverage 75% of 126 sqm which is 94.5 (They have covered this part in building 4 floors on the land) The rest of the area 31.5 is comprised of A: entrance area where gate is built ; B Lift ; C shaft of the list; C :Staircase ; D : a toliet they have built in Stilt parking ; E : a small space at the back of the stilt parking to let cars out. My argument is that you are not handing over a land area or ownership to me as a floor owner you are merely transferring the shared ownership of this distributed space that you have already used and permitted by the MCD. This space is to be given to all the floor owners if you sell any other floor in future(They are a family owning rest of the 3 floors and selling 1 to us). While their argument is we cannot transfer the ownership since it means we are transferring land rights. What they propose for registry is Total Plinth Area : 126 Sqm Plinth area under Transfer : 94.5 (Instead of 94.5+31.5 ) They are willing to write in the clauses in the registry that you can park one car and use the common passage in such manner that you dont obstruct etc etc. Any advice would be helpful.

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