Legal Question in Real Estate Law in India

I am going to buy a Flat in Kolkata city , state-Westbengal , india. The sanction plan of typical floor dimension, Site plan etc has been approved from Kolkata Municipality for entire building including said Flat before started the project. But builder extended the flat with help of Cantilever structure which was not in sanction plan.

Now Builder applied for Clearance Certificate. But Clearance Certificate not approved yet. But It will be Approved before registration of my Flat.

Now Builder told me that he will give me the floor plan with Actual measurement ( Extension portion included) of my Flat ,certified by Builder�s Engineer & that will registered in Court. In between the time Clearance Certificate will come & I can Apply for Municipality Mutation for my Flat.

My questions are:

1. If any discrepancy found between Municipality clearance certificate for Floor area/ Carpet area measurement & Builder�s certified Floor plan means if Municipality clearance certificate for Floor area measurement is less than or greater than Builder�s certified Floor plan, what will happen?

2. Is there any wayout to perfect my Flat & avoid Penalty from municipality during Mutation?

Note: I am buying Flat as super buildup concept.

Regard

S Kundu

Kolkata


Asked on 9/21/13, 4:16 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.09.2013

Dear S Kundu,

1. The Municipality approved plan and Clearance Certificate is the final document. The Builder cannot actually construct anything which deviates from the approved Municipal plans, simply because it is unauthorized.

2. You should tell the Builder point blank that you are not interested in getting any excess area over and above the approved Municipality plan. If the Builder is going to make any extra additions / construction, tell him upfront that you will withhold certain percentage of the payment, till he gets Municipality approvals thereon.

Regards,

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Answered on 9/21/13, 10:24 am


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