Legal Question in Real Estate Law in India
Approved plans differ from society information.
Hi!
I am planning to buy a flat, which is a one room kitchen flat. However, it was not planned as a one room kitchen flat initialy by the builder. In the original approved plans, the flat is shown as a one bhk flat. Later on through some internal arrangements, the prospective buyer of the adjacent flat got added an extra bedroom to his flat and thus his flat became a 2 bhk flat and the one I am planning to buy became a one room kitchen flat, the bedroom having been transferred over to the buyer of the adjacent flat. However, this internal rearrangement was never notified for approval to the approval authorities and thus in thier records the flats remain as one bhk flats each.
Nevertheless, society recognizes the above rearrangement and thus show the two flats as one room kitchen and two bhk flats respectively in thier records and also accordingly charge maintainence.
Now, my question is that is such a rearrangement a valid procedure? Should I buy the flat considering the rearrangement has been recognized by the society?
4 Answers from Attorneys
Re: Approved plans differ from society information.
The Societies approval does not make the construction legal and valid unless and until the said construction has been ratified and approved by the concerned Muncipal authorities. Hence, I am of the opinion that a due diligence may be conducted to know the above said fact and then arrive at a more conclusive opinion.
Re: Approved plans differ from society information.
Sir,
A building has to be consistent with the plan approved by the concerned municipal authorities. Any alterations or variations would give a cause to the municipal authorities for penalty or destruction of said alterd arrangement. It has to be seen what provisions govern the municipal authority at your place.
In your case such is an internal arrangement and same has to be laid for approval, if so warranted by the municipal laws. So confirm the procedure from your local advocate, and proceed accordingly.
Re: Approved plans differ from society information.
No,You cannot buy under this arrangement, unless the Flat is registered in the Sub-Registrar office or the Registrar's office whichever is concerned it will not be valid. once it is rectified then only it has value. and the previous first owner who sold should also be made a party and his signature to be obtained in the registration office.
Re: Approved plans differ from society information.
You need to check whether such changes are also duly approved by local planning authority being either a Municipality or Municipal Corporation. If such changes are approved by such local planning authority, you may proceed ahead subject to other usual checks.
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