Terrace to be included in the agreement
Querist :
Anonymous
(Querist) 22 October 2009
This query is : Resolved
Hi, I have booked a flat in May 09 in New mumbai along with the terrrace (Underconstruction property). Terrace is not directly attached to the flat. Its on the same floor and opposite to my flat. While booking the flat builder had put a clause that who ever purchases the flat has to purchase the terrace also. Now while making an agreement and registration he informed me that the terrace will not be part of the agreement as per their legal but I have to pay. How come the terrace for which i am paying cannot be part of the agreement.Pls advise what may be the issue and why is he raising this after 6 months.
Raj Kumar Makkad
(Expert) 22 October 2009
This is general ilelgal practice on the part of builders/developers. I suggest you not to pay a single penny out of area included in the agreement. The terrace remains for common use but builders generally without showing them as sold in their documents (just to avoid litigation) sale in the hands of allottees on high prices and take double benefit. Be firm that he cannot sell just terrace to any other person without having flat so ultimately u shall use it. Dont come to his terms stated orally. Tell him to bring the matter of terrace in papers otherwise no purchase, no money.
Querist :
Anonymous
(Querist) 24 October 2009
I have already paid him the 15% payment which is the booking amt (Rs.650000). Will that be an issue.
