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samir (ececutive)     06 October 2011

Area dispute for redevelopment

Dear Sir,

My society is being considered for redevelopment. I am the owner of a flat whose physical carpet area is 1000 sq.ft. (part of which is terrace- say 400 sq. ft.). The area that is being considered by society as per the conveyance deeds is 600 sq. ft. - they say that the terrace area is not mentioned in the conveyance. The access to this terrace is only through my flat and I am in possession of the same since last 35 years. I also have one circular from the society signed by the architect of the society wherein they have mentioned the area of all the flats. As per this circular the area of my flat is only 600 sq. ft. However there is a note at the end wherein they have mentioned that in addition to the flats there is also an additional 200 sq ft. of area for the 5 th floor i.e. the floor on which my flat is located. My query is that does it mean that this additional 200 sq. ft. is also legally passed and the new developer should not objeact in providing the same to the society. I know that if the developer is ready the society would have no objection in providing the same to me. If yes what legal document can be given to the developer so that he does not object. Also is it possible that the original builder would have got the extra area i.e. 200 sq. ft. cleared at a later stage from BMC.



Learning

 4 Replies

ajay sethi (lawyer)     06 October 2011

when you purchased flat from builder what does agreement mention ? does it mention terrace ?

 

for porperty tax assessment what is area mentioned ? is there any mention of terrace . ?

 

at time of negotiation with builder for redevlopment insist that you should be provided more area as you hav epvt terrace .

PURSHOTTAM KHANCHANDANI (ADVOCATE HIGH COURT MUMBAI - 880 660 1717)     07 October 2011

PLEASE CLARIFY WERE YOU PAYING MUNCIPAL TAX ON YOUR PART OF TERRACE.

REGARDS

ADVOCATE PURSHOTTAM

ADVOCATE HIGH COURT

880 660 1717

Santosh Sukhrani (Proprietor)     07 October 2011

Although private terraces (open to the sky) attached to flats were given free of FSI, the builders when selling such terraces used to charge the purchaser for 1/3rd to half of the terrace area at the full rate. Therefore, it appears that your 400 sft terrace is being considered as 200 sft as chargeable area. The new developer now however will not get any FSI benefit of this. But as a standard convention, all redevelopers will give you give you benefit of this as if you were holding a flat of 800 sft (600 + 200 for terrace). Insist on this and the new builder will definitely give you proportionate area accordingly.

samir (ececutive)     09 October 2011

The area as per my agreement is only 600 sq. ft. but I have a circular from the society signed bythe architect wherein it is mentioned as a note that additional 200 sq. ft is cleared for my floor.

So where can I confirm this from and what legal document can i procure and from where to substantiate this?


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