VivekMukherjee (Research) 07 July 2011
Sir,
I entered into an agreement with Builder / promoter for purchase of a Flat in Kolkata and the same was mortgaged with Bank for house loan
Now the builder is demanding an additional amount on the ground that actual area found in survery is more than the amount included in the agreement. My question
a) What documents I can ask for to verify the authenticity of claim
b) Do I need to have a separate agreement for this additional area if I am supposed to pay for it
Kind Regards
Vivek
Poornima D (Lawyer) 07 July 2011
Dear Client,generally in such agreement, there wil be a clause to address such issues of either increase or decrease in the area of the flat.
the answer to your first query is, you can go for either joint survey(in the presence of both you and the builder) of the flat or manual survey by your surveyor, to conclude at the exact extent of the flat. There are no legal documents except the aprroved plan from the concerned authority.
The answer to your second query is yes, you have to enter into supplimentary agreement, or addendum to the main agreement before you pay any extra money to the developer.
VivekMukherjee (Research) 07 July 2011
Thank you very much Poornima. This clarifies my concern
Kind Regards
Vivek
Bharatkumar (ADVOCATE ) 08 July 2011
U make a Articles of Agreement / Sale Deed as per plan pass copy of your scheme / building / flat and for right of use open speace u make a additional agreement with Builder / Owner /Developer.
VivekMukherjee (Research) 08 July 2011
Thank you very much Bharatkumar.
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