• Modifications to property after registration

Dear Lawyers

I bought a villa in a gated community. The community has 96 villas of same size. I was the first one to purchase a villa and get the property registered. on my name.

Before my registration, the builder had G+1 permission. Hence, my registration was done for G+1 floors.
After my registration, the builder got permission for G+2 for all villas. Hence, after my registration the builder constructed the 2nd floor on my villa.

Question is - My registration document says G+1. Is it fine or do I need to change anything on my registration document? If yes, what would be the procedure? The builder says it is not needed. For future reference, he says I can show the approved plan of G+2

Sandeep
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

2nd floor added after registration of G+1 with due sanction from municipal authority. Furnishing the approved plan for G+2, you should get the title deed rectified. You will have to pay stamp duty for floor added as the stamp Act.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

Register the supplementary agreement for construction of second floor 

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

Hello,

  1. There is additional construction carried out and there is material changes in the structure and therefore it is not sufficient to show the plan approved for G+2.
  2. You need to get a Supplementary Agreement registered in respect of the additional construction paying requisite stamp duty and registration charges.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

If you had an additional floor constructed above in your villa subsequent to occupying the G+1, then you should have got the plan approved for construction of additional structure. 

If this was an additional agreement with the builder then you may get the supplementary agreement executed and duly registered as supplementary sale deed by paying the appropriate stamp duty.

Well, if you had constructed on your own by obtaining the approval from the local civic body, then there is no necessity to register the same nor any modification to the existing sale deed.  

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

1. File an application for modification of the registration document with the concerned authority.

2. Include the approved plan for G+2 floors in the application.

3. Follow the legal formalities.

4. Await the approval of the modification.

5. Get the registration document updated to reflect the current status of the property with G+2 floors.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can do the same by executing supplementally deed 

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

It is important to ensure that your registration document accurately reflects the current status of your property. Since the builder has now received permission for G+2 floors and has constructed the second floor on your villa, it would be advisable to update your registration document to reflect this change. This will avoid any potential issues or disputes in the future.

 

To update your registration document, you will need to apply for an amendment or rectification of the document with the appropriate authority. This process may vary depending on the state and local laws governing property registration in your area.

 

You may need to submit documents such as the approved plan for G+2 floors and any other relevant permissions or certificates. It is recommended to consult a local lawyer or a property registration expert for guidance on the specific procedure and requirements in your area.

 

It is also important to ensure that the builder has obtained all necessary approvals and permissions before constructing the second floor on your villa. You may want to verify with the local authorities or seek legal advice to ensure that there are no legal issues or violations involved in the construction process.

 

 

 

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

- You can enter into a complementary additional agreement with the builder after mentioning the additional approval 

- Otherwise , you can face problem in future at the time of selling the property. 

Mohammed Shahzad
Advocate, Delhi
13363 Answers
199 Consultations

5.0 on 5.0

Your builder is right. When the builder has got the master plan approved for the entire gated community for G+2 villa construction including your plot, you need not apply for an individual approval.

Swaminathan Neelakantan
Advocate, Coimbatore
2821 Answers
20 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer