Superbuild up area not mentioned in salesdeed

In Gujarat Jantri rate count as per Built-up area of construcion and u write carpet area in document so calculate carpet area * 1.2 = built -up area and then u pay stamp duty on Built - up area and if u write Super Built Up area in deed the stamp duty count on this area (Super Built Up Area) so Builder write Carpet area in deed.

Note :- U meet builder and ask for write super built up area in sale deed and u r ready to pay all stamp duty and registration fee as per super built up area if buildre is ready. 

Note :-  If Builder give a possession letter u check all area in this letter like :- carpet area, built up area and super built up area.

thank you sir for your prompt reply. So, builder is correct and there is no issue in future for me mentioning build up area in salesdeed.

my other question is builder keeping common terrace right with him in salesdeed.  

when i asked to builder regarding comman terrace right he replied that, he has keep in all other salesdeeds  and terrace right remain with him and he will construct additional floor also if goverment approved or he can give on rent also and any income generated will remain with him and flat member has no objection for that.

As per gujarat goverment (ahmedabad) property rules builder can keep comman terrace right with him. what should i do i will accept it or do any legal action. I have already paid to builder 50% money.

pl. advice as soon as possible.

Thank you

MR RAJESH

I M NOT FULLY AGREE WITH  BHARATKUMAR PARTLY ANSWER. YOU ALWAYS MENTIONE SUPERBUILTUP AREA IN THE SALE DEED BECASUE IT  MARKET UNFORTUNATELLY THE SUPERBUILTUP AREA COUNTS WHILE GETTING THE CONSIDERATION AND IN ABSENT OF THIS AREA IT MAY ISSUE QUESTION WHILE U SELL THIS FLAT IN FUTURE. SO BETTER MENTION SUPERBUILT UP AREA  .IN SUPERBUILTUP AREA  BUILTUP AREA, BALCONY AND COOMON AREA R INCULDED AND IT MAKES SUPERBUILT UP AREA WHICH IS NOT EVEN MENTION IN  GDCR OR ANY ENGIN. BOOKS?!  BUT ANYWAY U DEAIL THIS PROBLEM AND STEP AHEAD WITH MARKET. SO U HAVE TO MENTION 3 AREAS  WHICH MAKES SUPERBUILT UP.  AND U HAVE TO RECENT ASR 2011 GUIDELINE PAY STAMP DUTY ON BUILTUP AREA AND IF BALCONY AREA IS COVERD IN CITY U HAVE TO ADDED ACCORDING TO GUIDLINE. AND CALCULATE THE SAME.

NOW ABOUT 2ND QUESTION YOU R RIGHT BUILDER CANT RETAIN ANY COMMON RIGHTS IN HIS HAND AFTER SELL WHOLE THE PROPERTY . YES, HE CAN RETAIN FLORR SPACE INDEX (F.S.i) REMAINING IN HIS HAND. FOR FUTURE DEVLOPEMENT .

RECENT JUDGMENT BY SUPERIM COURT YOU CANT RETAIN AND TRANSFER ANY COMMON SPACE I.E PARKING, TERRACE, ETC. AND IT IS PUNISHABLE U/S IPC. AND RECENTLY POLICE MAHNERDESHAK ,GOVT. OF GUJRAT PASS CIRCULAR TO ALL CONCERN AUTHIORITIES IF ANY SUCH ACT COMES IN EYE THEY HAVE TO TAKE SOMO MOTO ACTION AND FILED POLICE COMPLEIENT.

UNFORTUNATELLY, THIS ISSUE RAISE BECASUE OF NO SIMILERITY OF AREA CALCULATION INFORCE BY GOVT. BY NOTIFICATION.  WHER CARPET AREA IS USED FOR HOUSE TAX PURPOSE, BUILTUP AREA FOR STAMP DUTY PURPOSE AND SUPERBUILT UP FOR SEELING AND BUYING FLATES...!!! HOW OUR POLICY  AND MARKET ARE .......

Mr. Dodhia,

If market value count on super build up area but if he sale his property as per built-up area and count rate as per built-up area and the rate is high from super built up area at the time of sale this property. As per Gujarat jantry guide line u mention carpet or built-up area in sale deed we count only built-up area as per jantri sheet.

Mr. Rajesh

Common right is always use by member or purchaser of unit.