• Flat number in brochure and approved plan are different

I have booked a flat in ready to move property in bangalore whitefield. The Builder has got occupational certificate and commencement as per the approved plan by BBMP. However he has not sold the flats as per the approved plan numbers instead he has sold the flat with numbers as per brochure.He has sold the flats to all 100 owners like this saying that he can change the numbers of flat but the flats location will be same as Approved plan. I have paid 20% down payment amount and after that came to know about this issue. Is there will be any legal issue with this change in numbering .Shall I go ahead for sale deed or should i cancel the booking ? Is there any way I can go for sale deed mentioning that " the flat number XX in brochure and flat number XXX in approved plan are same" in sale deed. Please advise if there are any legal issues with such case.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. Building plan is approved by the Municipality so the builder construct the house as per the plan and no constructional error occurs.

2.Giving respective numbers to the flat is discretion of the builder and in this the Municipality has no say since the smae does not later or modify the building plan.

3. So there is no harm if you buy this flat even if the flat numbers are different form the approved plan.

4. The flat number mentioned in the sale deed will remain the actual flat number.

5. Do insist on mentioning proper location of the flat number so there is no ambiguity as regards your purchased flat in the event the flat number is changed from brochure to sale deed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

1) Any approved plan issued by BBMP will have floor plan details (Carpet area, built up area, common floor, lifts, staircase, emergency exits etc)

2) The flat numbers mentioned in approved plan are only indicative and NOT Final.

3) As long as the floor plan and flat locations are exact replica of each other, there is no problem.

4) Also since there is no deviation from the approved plan and actual construction, your builder was able to get the Occupancy certificate.

5) Now Flat numbers are decided by either the builder or by the flat owner association at the time of handing over of possession.So your builder is technically right in allotting door numbers and incorporating the same in sale deed.

6) Once the flat numbers are mentioned in the sale deed, then BBMP based on the flat numbers mentioned in the sale deed will

a) Assess the flat (measure the flat area) for levy of property tax.

b) Allocate an unique property tax assessment number for levy of property tax.

7) Like wise electricity department will also issue

a) independent electricity meter based on flat number

b) issue independent electricity connection based on flat number mentioned in sale deed.

8) You can go ahead with the sale deed.

9) You should ask the builder to register the sale deed that mentions both (Flat number in brochure and flat number in Approved plan) and also ensure that the brochure is annexed to the registered sale deed and there by becomes a part of sale deed.

Hope this information us useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

since builder has got OC title of builder is clear and marketable

2) if flat locations are as per approved plan and no unauthoirsed construction has been made by builder go and head and execute sale deed

3) your flat number should correspond to what is mentioned in sale deed

4) dont cancel your booking

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If the construction of the flat is approved then the concern of numbering is not to big to cause concern.

If the project has received CC AND OC then the construction has been completed in accordance with the sanctioned plan and therefore if the builder wants to renumber the flats as per the brochure, one sentence in the final sale deed that "both the numbers in the plan and brochure are one and the same" may be added to remove doubts in future.

If this is done, no other changes would be required.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

The brochures will not be relevant, the approved plans shall be taken into consideration for any litigation in this regard in future.

What is the problem that the builder is not willing to sell the flats on the basis of approved plans.

This means there is a deviation from the approved plan which is undesirable an may attract litigation or even demolition action by the civic body if there are gross viation to the approved plan.

You may consult and take a legal opinion from a local advocate before finalising the deal or booking.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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