Results for #car
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
As per RERA "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.
Purchase & Sales
#flat#carpet#builtup
I am looking to buy a flat, are there any tips on how to compare the different flat rates in the same area? Should I differentiate on lumpsum, carpet or builtup?
I am looking to buy a flat, are there any tips on how to compare the different flat rates in the same area? Should I differentiate on lumpsum, carpet or builtup?
Answered on November 08, 2017
Comparison should be on following facts: 1. Type of building (e.g. Complex / stand alone / High or low rise); 2. Amenities and specifiactions; 3. Completion time and 4. On carpet area basis 5. Developer reputation and projects completed by him in the recent past
Architecture & Interiors
#carpet#builtup
What is the ideal efficiency ratio for carpet area to builtup area to super builtup area?
What is the ideal efficiency ratio for carpet area to builtup area to super builtup area?
Answered on November 08, 2017
Carpet area can be well identified on plans whereas Superbuilt up is perceived based on many common areas of the building. Therefore, the efficiency ratio totally depends upon the planning requirement and its intricacies. However, it's a mathematics which can be calculated after understanding of plans .
RERA
#balcony#terrace#carpetarea
According to RERA, if all the flats are sold purely on carpet area basis, how will balcony or pocket terrace be calculated and added to the area of the flat?
According to RERA, if all the flats are sold purely on carpet area basis, how will balcony or pocket terrace be calculated and added to the area of the flat?
Answered on November 08, 2017
As per definition, builder cannot add balcony area or pocket terrace area as a part of the carpet area. However, it can be separately mentioned in the agreement as a disclosure to a prospective purchaser. They may be included in the lumpsum price of the apartment.
RERA
#carpet#agreement
If the actual carpet area is more/less than the one mentioned in the agreement, what does one do?
If the actual carpet area is more/less than the one mentioned in the agreement, what does one do?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
RERA stipulates that the area handed to a flat purchaser cannot vary more than 3% from the area mentioned in the agreement. In any case, flat purchaser can claim the difference in case he is given less area than promised in agreement
Legal
#car#park#exchange#deal#parking
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the latest judgments of the Hon'ble Supreme Court, Open car parking spaces cannot be sold and forms part of the common area of the property. As such, you will not be able to transfer the parking spaces between your two flats without the consent of the society and/or organisation of flat purchaser.
Answered on November 08, 2017
CARPET AREA IS DEFINED DIFFERENTLY UNDER DIFFERENT NORMS FOR DIFFERENT PURPOSES
Taxes & Duties
#flat#mumbai#redevelopment#carpet#builder
I own a flat in Mumbai in a building that went under redevelopment. The original carpet area of the flat was 318 sq ft. After redevelopment the builder has given me 100 sq. ft free of cost and I have purchased another 100 sq. ft from him. So now the total carpet area is 518 sq. ft. The agreement is also registered. I want to know what would be my tax liability and purchase value when I sell the flat?
I own a flat in Mumbai in a building that went under redevelopment. The original carpet area of the flat was 318 sq ft. After redevelopment the builder has given me 100 sq. ft free of cost and I have purchased another 100 sq. ft from him. So now the total carpet area is 518 sq. ft. The agreement is also registered. I want to know what would be my tax liability and purchase value when I sell the flat?
Answered on November 08, 2017
Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. While the sale consideration will be proportionately divided by the area of the flat, the purchase value of your flat will be aggregate of the following:
1. For 318 sq. ft - original purchase value as per agreement.
2. For 100 sq. ft. received free of cost - NIL
3. For 1... (View more)
1. For 318 sq. ft - original purchase value as per agreement.
2. For 100 sq. ft. received free of cost - NIL
3. For 1... (View more)
Legal
#documents#mumbai#propertycard
I want search for online documents like Property card or 7x12. Is there a web portal to search for documents of properties in Mumbai?
I want search for online documents like Property card or 7x12. Is there a web portal to search for documents of properties in Mumbai?
Answered on November 14, 2017
Property Card can be obtained here - http://prcmumbai.nic.in/jsp/propertyNew.jsp
The 7/12 extract can also be accessed from the Maharashtra Government’s website but it can be used only for informational purpose and not for any legal purpose. To view the 7/12 extract:
Go to the website of the Maharashtra Government by using the following URL: www.mahabhulekh.maharashtra.gov.in
(a) A district map ...
