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No area mentioned in flat aggreement
27-Nov-2023 (In Property Law)
Dear Sir/Ma'am, Good day.
We are planning to buy a flat in mumbai, but in the Agreement bought in 1991 by owners currently residing, the area of house is not mentioned in any form (neither carpet area not built-up area).
The area is not mentioned in the "INDEX 2"either. However, the owner has paid stamp duty for which the receipt is present in 1991 & 2009 of the flat based on the area mentioned in the society letter. Also, we have a society letter mentioning the super built-up area of the flat, plus the maintenance bill of the flat which mentions the super-builtup area.
We need to buy flat now, but we want area HAS TO BE mentioned in the original "Agreement". Is it ok to do deal and make new agreement which will have the area of the flat in it with the help of society letter.This would not create a problem while considering the same flat for redevlopement.
What can be done in this case? Is it sufficient for the area to be mentioned in the Society letter and manitenance bill?
As per your query,
If in the earlier agreement the area is not mentioned, you can ask do following things;
Firstly ask for the plan from the society records (the society should be having the sanctioned plan on the basis of which they are charging the maintenance.)
Secondly if possible see the agreement of upper or lower floors flat purchasers to confirm the area,
Lastly you can hire a Architect asking him to measure the area and issue the certificate for the same.
You can definitely mention the area in your agreement as per the maintenance bill issued by the society and annex the same to your agreement.
Regards
If in the earlier agreement the area is not mentioned, you can ask do following things;
Firstly ask for the plan from the society records (the society should be having the sanctioned plan on the basis of which they are charging the maintenance.)
Secondly if possible see the agreement of upper or lower floors flat purchasers to confirm the area,
Lastly you can hire a Architect asking him to measure the area and issue the certificate for the same.
You can definitely mention the area in your agreement as per the maintenance bill issued by the society and annex the same to your agreement.
Regards
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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