Carpet area

Querist : Anonymous (Querist) 02 May 2023 This query is : Resolved
Hi , My dad purchase a flat in 1994 with an agreement value of 2 Lakhs and area of 450 sq.ft carpet area and paid it all . Later on builder change the plan and during handing over in 1997 he provided a revised carpet area of 650 sq.ft . Most of promises done in agreement by the builder were not fulfilled hence revised agreement for new area was not done . However legal cooperate taxes are paid based upon in hand area i.e 650 sq.ft . Also, housing society is formed and it has deemed conveyance due to builder not issued a completion certificate but the area mentioned in the society register is 450 sq.ft only as a revised agreement for the additional area is not done. As of now, we have legal possession as we are paying all corporate bills. Also, case put by builder on possession is dismissed as he is lost interest in it .
1. Now in the redevelopment case what best I can do?
2. is there really any issue that will be arising?
3. does the new builder will ask me to revise the agreement of 650 sq.ft
4. Am i required to pay money for new agreement of additional area
5. Any issues to me from Society?

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Quick Summary

This discussion addresses a property owner's concerns about a discrepancy in carpet area for a flat purchased in 1994. The original agreement was for 450 sq.ft., but the builder later provided 650 sq.ft. without a revised agreement, leading to inconsistencies in society records and tax payments. The owner is seeking advice on how to navigate redevelopment with this issue, specifically regarding potential new agreements, payments for additional area, and any implications with the society or a new developer.

Sudhir Kumar, Advocate (Expert) 02 May 2023
one needs to see papers before coming to a concrete view.

T. Kalaiselvan, Advocate (Expert) 02 May 2023
This question was repeated by the querist in the forum also, hence I repeat my answer which is herein below:
Redevelopment means demolishing the Old Structure and replacing the same with New Structure with new Dimensions and Space. As per Bye-law no. 77, Structural Audit of the Building is to be conducted when the Building is more than 30 years old. The Report of such Structural Audit would reveal the condition of the Building and indicate whether the Society needs Redevelopment. Conducting Structural Audit is mandatory since it is the first and the foremost step to be taken for deciding Redevelopment as Structural Survey is required to be carried out for both the building and the adjacent structures. In redevelopment, Additional area of 25-30% will be received as compensation from the Developer. Also, additional space, if available, could be purchased from the Developer at best available price. The additional area that they should get as not only in terms of percentage increase in their existing carpet area but also in actual number of Square Feet. The Development Agreement shall have specific mention of the agreed Carpet Area.

P. Venu (Expert) 03 May 2023
The posting suggests no real-time issues.

Dr J C Vashista (Expert) 03 May 2023
It is better to consult a local prudent lawyer.

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