Incorrect carpet area in redevelopment agreement

MADHURA N SHELAR (Querist) 07 September 2023 This query is : Resolved
My residential CHS is going for redevelopment at Nalasopara West. My flat admeasures RERA carpet area 309.40 sq ft. measurements done by developer's man (not an architect). The Developer prepared REDEVELOPMENT AGREEMENT with my Carpet Area as 288 sq ft. Hence I've advised my Power OA not to sign the RA. The Developer agreed to his mistake. Now he says he will make an additional paper for the correction. I am afraid that I may have issues in future if my PoA signs the RA which has incorrect 288 sq ft and developer will make new flat agreement with 288 sq ft. after completion of new bldg. Please advise what is the correct way for developer to make correction. Is it legal that he can make a second paper with correction? (Many members have already signed the RA). Can developer REGISTER the RA document with my incorrect carpet area and without my PoA signature? Kindly guide and advice me soon. Thanks and Regards. Madhura.

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Quick Summary

A homeowner in Nalasopara West is concerned about their redevelopment agreement stating an incorrect carpet area (288 sq ft instead of the actual 309.40 sq ft). The developer has admitted the error and proposed a supplementary paper for correction. The homeowner seeks advice on the legality of this method and how to ensure the correction is properly documented and registered to avoid future issues, especially as other members have already signed the original agreement.

kavksatyanarayana (Expert) 07 September 2023
Get a rectification/amendment deed from the Developer.

MADHURA N SHELAR (Querist) 08 September 2023
Thank You so much for your prompt response and valuable advice 🙏
I will do the needful and get back with the outcome.
Thanks again!
Regards,
Madhura

MADHURA N SHELAR (Querist) 08 September 2023
How do I share the document for a okay from your side please? I don't see attachment option.

T. Kalaiselvan, Advocate (Expert) 08 September 2023
Since the developer has admitted the mistake and has agreed to rectify the same by a supplementary agreement, you can get it vetted by an advocate and then proceed only if recommended or go for proper rectification once again.

MADHURA N SHELAR (Querist) 10 September 2023
Thanks very much. I am trying to do this.
Regards.

MADHURA N SHELAR (Querist) 13 September 2023
THANKS VERY MUCH 🙏 YOU HAVE BEEN OF A GREAT HELP.
BEST WISHES AND REGARDS!

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