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Balasaheb Dhumal   21 March 2022

Sale deed

In sale deed promoter add one clause after carpet area Subject to fluctuations of not more than 3 percent


Quick Summary
This discussion addresses a clause in a sale deed stating the carpet area is 'subject to fluctuations of not more than 3 percent'. The core issue is whether such a vague term is acceptable in a legal document that should specify exact measurements. The example provided shows this clause applied to terrace area, alongside specific measurements for the main carpet area, balcony, and dry balcony.

 2 Replies

Dr J C Vashista (Advocate)     22 March 2022

What is the context of the query ?

Sale deed has to contain specific area but not for vague term such as "fluctuation"

Balasaheb Dhumal   23 March 2022

The Allottees have been allotted Flat/ Apartment No. 303,

admeasuring carpet area about 48.76 Sq.Mtrs. Enclosed Balcony

admeasuring carpet area 7.75 Sq.Mtrs. and Open/Dry Balcony

admeasuring carpet area 2.75 Sq.Mtrs., Terrace carpet area

admeasuring 3.66 Sq.Mtrs (Subject to fluctuation of not more

than 3%) 2 BHK Flat/Apartment situated on 3

rd Floor, in Wing

No. A, in the project called as “Rajgad” as permissible under the

applicable law and of pro rata share in the common areas

(“Common Areas”) as defined under clause (n) of Section 2 of the

Act (hereinafter referred to as the “Apartment” more particularly

described in Schedule and the floor plan of the Apartment is

annexed hereto and marked as Schedule B)


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