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mitesh rajani (Manager)     22 August 2014

Issue in the draft agreement

Hi,

I request for your inputs on the following:

I have purchased a flat on 7th floor in a project in Pune and am going through the agreement draft. 

The building is 11 floor building (11th floor slab done already) but the agreement contains "Schedule B" which is about the "declaration of the property as submitted to the provisions of the Maharashtra Apartment Ownership Act 1970". The declaration mentions the building as a 4 floor building.
 

I spoke with the builder and he shared the "revised plan" for the building which shows the blueprint / floor plan for the 7th floor (i think this document is also called as 7-11 document and it is approved and stamped by PMC and the architect). This blueprint seems to be fully legal.
 
But, he says that he is unable to revise the "Schedule B" currently to mention upto 11 floors in the building descripttion as the declaration is still under revision process.

In the meantime, the 7th floor is legally sanctioned and approved as per the blueprint and the builder says that this is sufficient to go ahead with the agreement.

Do you think this sounds ok and it would be fine to go ahead?

 

Thanks for your advice!



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 4 Replies

Kumar Doab (FIN)     22 August 2014

Consult a local lawyer in person.

Check with PMC about the approval. If required pursue thru RTI.

mitesh rajani (Manager)     22 August 2014

Hi,

Thanks for the reply.

Unfortunately, am out of town and cant do that...  

Hence i request for some views and advice here

It would also be interesting to know what the Schedule B i.e "declaration of the property submitted to the provisions of the Maharashtra Apartment ownership act 1970" is all about. 

 

Thanks

Kumar Doab (FIN)     22 August 2014

 

It is reiterated that you should show all record to your lawyer and proceed after you have understood merits from your lawyer in person...................


You can also conduct search in LCI databank at:

https://www.lawyersclubindia.com/lawyers_search/#.U_cKGsWSwb8

mitesh rajani (Manager)     22 August 2014

Thanks Kumar.. i understand that fully...

Meanwhile i request other members on the forum to provide their view if they can.. this would be really helpful.

Thanks again


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