List of documents required for making a flat saleable
I am an Architect, appproached by a client for making a "measured as-built" drawing of existing building. Building was constructed in 2004, in Chakan 25km from Pune, and was legally sanctioned by the Town Planning Authority. The building doesn't have a registered society yet. The land 7/12 papers still show the Builder as the owner of the land. The Ground Floor contains 4 road-facing shops in the front. The rear half is empty for parking. The Building is G+3 structure with four flats on each of 1st, 2nd and 3rd floor, totalling 12 flats and 4 shops. Each flat is of 30 SQM area. The plot is of 195 SQM area.
PROBLEM: The Index-2 of one of the flats presented to me for reference says that the flat Built Up (BU) area is 31.5 SQM and the plot is of 59 SQM. Even with simple calculations, the plot area will sum up as (31.5 SQM X 4 Flats = 126 SQM) + Common Areas + Margins from Plot Boundary. So the actual areas do not match with the Index-2 (and agreement).
Actual Area of Flat = 30 SQM. Shown on Agreement = 31.5 SQM
Actual Plot Area = 195 SQM. Shown on Agreement = 59 SQM
All flats in the building are occupied, and most residents wish to sell off their flats, which is why they seem to need all documents in place. Builder says he is ready to cooperate in all the processes. But they do not have any drawings of the building, which is why they approached me in the first place.
Q. 1. What all documents shall the residents ensure in their list, to ensure a completely legal and smooth sale? If society is to be formed what would be the process? The building is located in Chakan, Pune. Will the society formation be mandatory?
Q.2. Will this As-Built measured drawing that I am providing, containing all plans & elevations, be sufficient (as a drawing) for Bank Loans by their prospective buyers? My clients can obtain a survey map from the Land Survey Dept. They may also be able to obtain a copy of the sanctioned layout from the Planning Dept.
Q.3. Will the old agreement showing incorrect areas still hold true to show the residents' ownerships?
Q.4. Will showing the correct areas of the building create any hurdle to my clients, considering that the areas are different from their Index-2?
Asked 8 years ago in Property Law
Religion: Hindu