• 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 months ago in Property Law from Chakan, Pune, Maharashtra
Religion: Hindu
1) it is advisable to form society of all members of the building 

2) it is builder responsibility to form society .

3) since builder has sold the flats he has to form society of all flat owners and execute conveyance deed in favour of society 

4) there must be building sanctioned plans with PMC . further OC must have been issued that building completed as per sanctioned plans 

5) if builder has not obtained OC move consumer forum against builder to obtain OC , form society , execute conveyance in favour of society 

6) if area of flats is wrongly mentioned builder has to execute deed of rectification 
Ajay Sethi
Advocate, Mumbai
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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?

Formation of a society is not mandatory, however since the building has common areas to be utilised by all the owners in common, formation of  society is a necessity so that the builder can handover the entire building premises to the society.  The documents required are the map, blue print of the entire building including the common areas, title and link documents,plan approval by the competent authorities, list of occupants with their details, by laws and memorandum of association etc list of office bearers/management committee.





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.


I my opinion the referred document shall be sufficient.




Q.3. Will the old agreement showing incorrect areas still hold true to show the residents' ownerships?

A modified sketch map of the built in area showing the actual measurements shall be replaced with the older version.
 






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?

You have to show the correct measurement without giving room to speculation about the hurdles that may crop up later.

T Kalaiselvan
Advocate, Vellore
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127 Consultations
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