1st floor terrace flat
Querist :
Anonymous
(Querist) 15 December 2019
This query is : Resolved
Hi,
I am planning to buy a 1 BHK Terrace flat on first floor in a 20 year old building having total 4 floors in mira road.
The terrace is having exclusive entry from inside the flat itself and current owner is paying the property tax on terrace area as well and the building is having all the title cleared like OC, CC etc. But in the original agreement of flat the terrace area is not mentioned, in fact the area mentioned in the agreement is less than the areas of the flat itself forget about terrace area.
On asking about this, I was told that it was done to save on registration and stamp duty fee.
My query is that what should be my stand, which document I should ask for to be satisfied if the terrace occupied by the current owner is legal and so by me in future and society or any other person going forward can’t have any claim on the terrace area.
Raj Kumar Makkad
(Expert) 15 December 2019
Legally speaking, the terrace area if not mentioned in any legal documents showing clear ownership in favour of the current owner/seller is not advised to be purchased as you can face various problems in future. It shall be better to obtain legal Search from a local competent lawyer dealing with the revenue record/apartments and banks.
Querist :
Anonymous
(Querist) 15 December 2019
thnx sir for ur reply :), my point is even if the current owner is paying property tax on terrace area, may I face any problem in future I mean they are living in this flat since last 15 years without having any issue.
Sb Karma
(Expert) 16 December 2019
Yes you may face...
try to include that area in new deed...and pay tax/registration for that area too......
So it will established your ownership
kavksatyanarayana
(Expert) 16 December 2019
It is very better to buy with actual measurements and for that, you have to pay stamp duty and registration fees (market value or consideration whichever is higher) and also house tax. Otherwise, you will face problems in the future as said by the above experts.
Raj Kumar Makkad
(Expert) 16 December 2019
Paying of municipal tax ipso facto is not a proof of ownership. Tax payment is something different than the ownership. As already advised, obtain search report from a local competent lawyer dealing with such issues before finalizing for the purchase.
Querist :
Anonymous
(Querist) 20 December 2019
thank u all for ur valuable revert:)
Dr J C Vashista
(Expert) 28 December 2019
Mr. / Ms. Anonymous,
No municipality charges any property tax for terrace, where is the property located and how can you substantiate your statement.
