Sale Deed Resolution
9 months ago
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 some modification were done due to which they bifurcated. Pls suggest me with yr inputs
Since the RERA was adopted in 2016, it has generally been believed that MOFA laws continue to apply and that RERA only takes precedence in instances of inconsistency. Therefore, in the current scenario, when the discrepancy between the contents of the Sale Deed executed during 2018–19 and in 2020 in accordance with the RERA guidelines, appears on the face of the record, you may approach the RERA for necessary clarification and for an order for revision in the Schedule of the flat bifurcating the usable area at par with the Agreement or Sale deed executed in 2020, to avoid all sorts of strange consequences arising from such discrepancy regarding the RERA guidelines.
Anonymous
Replied 9 months ago
I have spoken with builder person & he says get it checked with any legal advisory, one wording mentioned in agreement wherein Annexure C is referred in sale deed (I have copied its wording on this trailing message to adv if its viable & acceptable) as per Builder their is no ambiguity or erroneous error on the said agreement & flat can be sold showing this page wordings along with it's flat layout plan as marked in Annexure C for Carpet Area. Enclosed balcony, flower bed & Terrace can be seen on the layout unmarked.
Please help to guide if it's perfectly alright & no rectification deed is to be done for balcony area, as per builder Rera laws during my time had to be made without defining balcony & later on with modification in Rera in 2019 balcony area along with Cb internal walls area were to be notified by bifurcation on agreement.
Quote
"AND WHEREAS the authenticated copies of the plans and specifications of the said Apartment agreed to be purchased by the Allottee, as sanctioned and approved by Corporation have been annexed and marked as Annexure C "
Unquote
Request you to please check & advice if its correct.
Legal Counsel Vidhikarya
Replied 9 months ago
If Annexure C for the carpet area contains a layout plan showing the balcony, flower bed & Terrace area as a part of your Deed of Conveyance, then except for marking of the layout plan, no other rectification is required because an unmarked layout plan may be a cause of confusion and misunderstanding about the individual area of an owner. Usually, the layout plan of the individual flat owner is marked in red ink and attached with the Deed of Conveyance as an annexure and certified by the Registering Authority for validity and enforceability. You may clarify the point from any Civil Engineer, Building Architecture or Property valuer and deal the matter accordingly. Any revision or amendment in a registered document involves a lot of legal procedures, hassles, expenses and other consequences.
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