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Q. Construction agreement shows less flat area compare to Sale deed. Kindly advise

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Murali Krishnan

posted 9 months ago

Q.Construction agreement shows less flat area compare to Sale deed. Kindly advise
Dear Sir,
I need a legal advise from you on the property purchase.
I am planning to buy a flat in ground floor(in a two floor building, totally 5 flats) in Chennai and in the process of documents verification.
I noticed that the Construction agreement shows the flat area as 840 sqft as super built up area, but in Sale Deed its mentioned as 910 sqft.
EC shows 910 sqft when I checked online. So looks like in the Construction agreement its wrongly mentioned as 840 sqft.

This Construction agreement was executed in 1994, between the builder and my seller, when i checked in the internet, it says that the Rectification Deed has to be executed between those parties to correct the mistake.

The builder(or his heirs) is no longer available now, as this was executed in 1994. So please advise me on the next steps.

Let me know in case of any questions.

Rgds,
Murali

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ARPIT BATRA

Experience: 11 Year(s)

Responded 9 months ago

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A. ) Ask seller for any clarification/ rectification.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 9 months ago

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A. ) dear client refer deed of conveyance of the seller and the builder. even you can ask your seller to get it rectified from court.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) Dear sir, PL. follow the advice of my learned advocate colleagues. For details, pl. contact some advocate through vidhikarya.com

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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A. ) Dear Mr. Krishnan,
When you find the discrepancy bring it to the notice of the seller and get the records corrected before the sale to your name.
Second, pay the amount due to him/her either according to the area you are purchasing or flat rate as the case may be.
The other oprion is to get a local Real Estate Advocate through Vidhikarya.com who will sort it out for you.
Shanti Ranjan Behera
Advocate

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Murali Krishnan

Replied 9 months ago

Hi Sir,
Thanks for your response, and the seller is not ready to correct it, as its difficult to find the builder(from whom he bought the flat in 1994).
As the Sale deed shows 910 sqft, can we treat that as a source of truth and pay the price for that and proceed with buying the flat, even though the construction agreement shows 840 sqft.
If we buy, we dont want to resale it to someone in near future. As the flat is around 25 yrs old now, if we buy and rebuild it later(say after 10 years), would this be an issue in getting the UDS area for 910 sqft.

Rgds,
Murali

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 9 months ago

Dear Mr Murali Krishnan,
The best option for you would be to get a Real Estate Lawyer through Vidhikarya.com who is well versed in State Laws and also the history of the locality/builder/current scenarios/present practices beyond law.
Shanti Ranjan Behera
Advocate

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 9 months ago

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A. ) Go by the deed of conveyance of the seller and the builder. Else ask your seller to get it rectified from court.

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Murali Krishnan

Replied 9 months ago

Hi Sir,
Thanks for your response, and the seller is not ready to correct it, as its difficult to find the builder(from whom he bought the flat in 1994).
As the Sale deed shows 910 sqft, can we treat that as a source of truth and pay the price for that and proceed with buying the flat, even though the construction agreement shows 840 sqft.

If we buy, we dont want to resale it to someone in near future. As the flat is around 25 yrs old now, if we buy and rebuild it later(say after 10 years), would this be an issue in getting the UDS area for 910 sqft.

Rgds,
Murali

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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A. ) dear sir according to the rera act builder will be show carpet area then buildup area . first u should calculate it

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Approach Civil Court and get a dierction

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