Construction agreement shows less flat area compare to Sale deed. Kindly advise
5 years ago
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
ARPIT BATRA
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
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
Murali Krishnan
Replied 5 years 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
Shanti Ranjan Behera
Replied 5 years 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
ROBERT D ROZARIO
Responded 5 years ago
Murali Krishnan
Replied 5 years 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
Rameshwar Dadhe
Responded 5 years ago
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