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?
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