Building construction got completed in 2015 along with it's OC. I purchased flat in 2019, hence builder made agreement as per Rera showing Carpet area only, whereby Dry balcony, terrace & enclosed balcony areas weren't mentioned in Sale agreement anywhere but it's shown in floor layout plan annexed in Annexure C along Sale Agreement. [This I came to know on a recent transaction done with buyer which wasn't materialised but he highlighted this part]
My question-
Is my agreement correct or do I need to talk to Builder for Rectification deed to include enclosed balcony area on the Property Scheduled as disclosure.
Please advice as if I Sale my flat or building goes for redevelopment after it's fixed period, I hope I can showcase balcony area as given on floor plan layout Annexed in Annexure C of the sale agreement & get the same sold/approved.
Surprisingly builder has drafted 3 types of agreement in one building, 1st during Mofa with carpet inclusive of Balcony which is correct(Majority sold 440flats), 2nd during 2018-19 as per Rera on Carpet Area & no where showing Balcony area on the Sale Deed(7 Flats were sold out of which one is mine) & 3rd after 2020 as per Rera on Carpet Area in agreement with bifurcating it in Schedule property they showed Carpet + Inner CB Area + Balcony Area all together (8 Flats were sold).
Mofa period & later from 2020 period deals Total built up area for 2bhk remains equal as per agreement when we compare, only the ones sold during 2018-19 don't have clarity for Balcony in which is Built up area, hence the chaos which agreement is correct out of the lot. Builder says he made agreement as per Rera laws during our time & later Rera some modification were done due to which they bifurcated agreement for left over flats, please guide.
The Annexure C is referred in sale deed anywhere, i mean it is defined or referred in sale deed properly if yes then you need not to worry but if there is no mention of it but only attached with sale deed then you have no rights to that part - execute rectification deed to include balcony an whatever.
