area of flat

Hello Ketan,

I understand your concern regarding the appropriate measurement of the land for release deed and here I am to provide you with a bit of advice that might help you out.

Firstly, I advise you directly to mention only the carpet area of 550sq ft as this was recorded in the society’s documents, this will reflect some transparency and accuracy from your side and will surely avoid future legal implications.  

I am here referring to Section 54 of the Transfer of Property Act, 1882 as this tells us about the fact that all the property transfers, including the release deeds, sale deeds, etc. should accurately mention all the details of the property which needs to be sold.

Since carpet area (usable area within the walls) differs from the built-up area (includes the utility area and the walls), the Transfer of Property Act, of 1882, most of the time prioritizes the actual measurements that were mentioned in the legal documents to avoid certain discrepancies and any future legal problems that may arise regarding the measurements of the property.

So, from my point of view, you must mention the carpet area in the release deed as it was mentioned in the legal records.

You can also refer to the case of Rameshwar Prasad v. Chunni Lal (2007), as the honorable court has stated the importance of clear and verified descripttions of the property for the prevention of issues in future transactions and claims of the property.

In conclusion, I suggest you please clearly mention the carpet area of 550sq ft in the release deed for your 50% share. This will surely reduce the potential conflicts that may arise in the future and ensure that the transactions are done accurately.

Thank you for reaching out to us, If you need follow-ups, please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)