• Property with deviation in constructed area

I was interested in a resale property in Chennai. The property is located in a prime location and the owner (say Mr. X) quoted a decent price. After paying token advance and checking the documents, I came to know that the apartment (which is located in the second floor) was given approval by MMDA for only 700 square feet for a 2 BHK whereas the builder (from whom the owner Mr. X had purchased) had constructed 1060 square feet and a 3 BHK. It's a clear case of a deviation against the plan. 

When asked about the same to owner, he doesn't sound convincing to me. Will this pose a threat in future?

At the time, the FSI for the land was 1.279. Currently, it seems FSI seems to have increased to 1.5. Can one approach CMDA for re-approval, sort of ?

I dont know whether to proceed with the purchase or not?

Regards
Mr. Bala
Asked in Property Law from Chennai, Tamil Nadu
as per building sanctioned plans area of flat  is only 700 square feet . if builder has constructed 1060 square feet excess 360 square feet is illegal . MMDA  can pass orders to demolish the illegal construction made

 . in addition please note that assessment for property tax must have been made for only 700 square feet . if at all you want to buy flat pay for 700 square feet . tell the seller you are willing to pay for 1060 square feet if seller manages to regularise excess construction made .

if seller refuses and insists on payment for 1060 square feet dont purchase the flat
Ajay Sethi
Advocate, Mumbai
28609 Answers
1553 Consultations

5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
18784 Answers
176 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28609 Answers
1553 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13966 Answers
310 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7318 Answers
84 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3313 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

5.0 on 5.0