Undivided Share for violated flat
Hi, I live in an apartment that has 8 flats of which one flat on the top floor is violated in terms of the FSI or FAR. That flat is financed by a private bank and is registered in the name of the purchaser. The land is divided among all the 8 flats based on the Undivided Share concept. Because of the violated flat, share in the land of the other 7 legal flat owners has decreased. Because the flat itself is in violation of the legally allowed built up area, can the owner of such flat get share in the land? Can the owners of the other legal flats claim rights/share in the part of the land that has been registered to the owner of the illegal flat? If that part of the land which is registered in the name of the owner of the violated flat is later shared among the other legal owners it would financially benefit them to the tune of 2.5 to 3 lakhs per flat. Can the builder re-register the legal flats with an endorsement related to the change in the undivided share of land if owners of other legal flats get rights on the part of the land registered with the illegal flat owner? Thanks all in advance for your advises and your answers help me in deciding my next course of action.