Conveyance deed
Querist :
Anonymous
(Querist) 25 March 2024
This query is : Resolved
Dispute in fixing FSI right in conveyance. Original plot size as per property card 945.3 sq.mtr plus road set back of 205.14 sq.mtr TOTAL 1150.14 (FSI 1:1 in 1985) out of this leased area of 225 sq.mtr. (1986). From 945.3 for MAP reservation 177.6 is surrender to Govt. left over 767.7 plus available road set back of 205.14 total 972.84 Two structure constructed Building No.1 is registered society (1987) 860.57 sq.mtr FSI used as per sanctioned plan approved by Municipal Corporation Building Completion Certificate 1986 Occupation Certificate 1987, Building No.2 (on lease plot area) 106.99 sq.mtr FSI used, balance FSI 5.28 sq.mtr. Further in 2008 lease plot Building No.2 is reconstructed by surrendering 29 sq.mtr for road widening and set back for same is used by themselves. Current plot area as per property card is 738.7 sq.mtr. Now the dispute or confusion of plot area and entitlement of FSI area to be conveyed. Builder/Lessee demand is plot area of 196 sq.mtr plus potential of 29 sq.mtr road set back in conveyance deed, which means society left with plot area of 542.7 sq.mtr plus potential of 205.14 sq.mtr road set back total 747.84 sq.mtr against constructed area of 860.57 sq.mtr. Lease deed of 225 sq.mtr was signed between land owner as Lessor and Builder Developer as Lessee. It is like bigger area construction on smaller plot area and smaller area construction on bigger plot area. All agree for entire land plot area to be Conveyance in the name of registered society but lessee want development right of 196 sq.mtr plus potential of 29 sq.mtr road side, which make society structure non feasible for redevelopment. What should be plot area and construction/FSI rights should be considered? What is builder/developer duty/obligation for conveyance? Society is ready to admit lessee as regular mamber of society as ownership rights of construction area 81 sq.mtr plus potential of 29 sq.mtr road set back in favour of lessee or new member.
T. Kalaiselvan, Advocate
(Expert) 26 March 2024
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