1) builder cannot alter the size of flat without flat owners consent

2) your agreement provided for purchase of 1030 square feet flat .

3) if area has increased by 10 square feet builder shroud not charge flat owners extra amount

4) Section 7 of the Maharashtra Ownership of flats Act laid down as follows- After the plans and specifications of the building, as approved by the local authority as aforesaid, are disclosed of furnished to the person who agree to take one or more flats, the promoter shall not make – (i) any alteration in the structures described therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person; (ii) any other alterations or additions in the structure of the building without the previous consent of all the persons who have agreed to take fiats in such building.

5) file complaint against builder before consumer forum and seek orders to direct builder to deliver vacant possession of flat , OC

Dear Querist

Its depend on your agreement executed with the builder, if there is any clause regarding the extra money for extra construction then you have to pay otherwise builder's demand is not valid and you may take legal action against builder's illegal act and demand.

Feel Free to Call

The builder has no right to increase the area of the flat without the consent of the buyer. He cannot force the buyer to take more than the agreed area. What the builder is doing is pure extortion. Move the consumer forum against him to obligate him to deliver the possession without charging further amount.

1. The agreement signed by both you might have made a mention that the area of the flat is more or less 1030 sq.ft.

2. Measure the actual area now to ascertain that it is actually 1040 Sq.Ft.

3. You can pay the builder and get the flat registered first.

4. After that file a complaint case before the local District Consumer Dispute Redressal forum alleging deficiency in service and unfair business practice demanding refund of the extra amount extracted by the builder towards the cost of the said 10 sq.ft. with interest, damage and cost.

The builder cannot say that he has constructed 10 sq. ft extra to that of the original sale agreement at this stage.

Why did be not inform you about this at that time itself?

Did you take a legal opinion from any lawyer showing the property papers as well as the agreement?

If not then whether you have seen the amended construction plan and the original (amended) sale agreement.

Have you seen the copy of the CC or OC, whether there is a mention about the total measurement as 1040 Sq.ft?

You can ask him to give it in writing so that you can legally fight against it.

1) you can execute gift deed to transfer 40 per cent share in flat in your wife name

2)gift deed should be duly stamped and regsitered

3)costs should be around Rs 75000 or so inclusive of stamp duty , registration charges

You can transfer 40%of property either by identifying the share or the unidentified share by executing a registered gift or a sale deed.

The stamp duty and registration charges plus documentation charges will be let known by the document writer.

1. EMI is paid not based ownership of the property mortgaged but based on the application filed, i.e. He/she who has applied for the loan will be considered as the Borrower of the loan and shall pay the EMIs despite the fact that the mortgaged property belongs to some one else party or fully, who will be considered as mortgagor.

2. In the instant case, you both can jointly file an application for availing loan to be repaid by both of you separately in parts for which you shall keep the original title deed of the property creating mortgage there upon.

3.For your wife's paying EMIs, you won't have to convey part title of your property by registering a gift deed in her favour by paying stamp duty and registration fee which will depend on the amount of stamp duty and registration fee charged by your State Government since the stamp duty, being a State subject, varies from State to State.