I am furnishing below the excerpts of agreement relating to the sharing of constructed area of ground floor as specified in JDA.
EXCERPTS:
No.1:
Under Owner's allocation in Page 4 against point No.3 of the registered JDA, it is stated as under: That on construction of the multistoried building in the manner as stated hereinabove with qualitative materials the landowners shall jointly entitled to get as follows: a) Owners will get 50 % of the entire sanctioned plan or constructed only. b) The Owners will get the entire area of Second and Third floor and two Car Parking Spaces/ Garages measuring about 144 square feet Super Built-up area each which is within the Owner's allocation.
No.2
Under Developer's allocation in page 9 against point No. 27 of the registered JDA it is stated as under: After completion of the building if the measurement of the Flat, Garage or Unit found excess, the the Owner's shall compensate the Developer at the rate of prevailing market value and similarly if the measurement is less then 50 % of the Owner's allocation, the Developer shall compensate or adjust the amount accordingly.
Based on the excerpts of agreement as reproduced above, we the landowners seek kind expert opinion as to whether we are entitled for garage Spaces upto 50% of the constructed area, which is reportedly 970 sq ft super built-up or our entitlement is only 288 Sq ft built up area, as contended by Developer.
Developer's contention is based on what is stated in the last para of Excerpts No.1
Kindly opine on the correct entitlement of the landowners and the Developer from the above clauses of JDA and oblige.
