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How to calculate super built up area for residential property
13-Jul-2023 (In Property Law)
I intend to sell my residential flat at Kolkata. My flat was purchase in the year 1992. At that time builders did not mention the Super Built Up Area of the flat in the Purchase Deed. Now since in Kolkata flats are sold at a price determined by its Super Built Up Area and also the Registrar determines the Present Market Value based on the Super Built Up Area of the Flat for fixing the stamp duty, I need to know the actual Super Built Up Area of my flat urgently before offering the selling price. In the Purchase Deed of my flat it is mentioned as "Flat measuring an area of 880 square feet or built up area 734 square feet and common area 146 square feet" and in another place mentioned as "flat containing 734 square feet built up area and 146 square feet on built up common area thus total area of 880 square feet". Hence should the Super Built Up Area of my flat be taken as 880 square feet or should it be 880 sq ft plus 20%= 1056 sq ft? But 1056 sq ft is nowhere mentioned in the deed. How to calculate it?
you cannot change the character of your schedule property by increasing the floor area of the flat from BUA to S at the time of selling the property. Registration for resale of property is done on the basis of what exist in your original deed of conveyance. You can neither increase nor decrease the floor area according to your sweet will. However, you can approach the Consumer forum or promoter cell if you feel you have been cheated by the builder but I doubt of its admittance as the property was registered almost 20 years back. For self satisfaction you can contact the civil engineer to evaluate the floor area in SBU.
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