LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.
You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.
Thanks in advance for assisting and guiding us through various complexities.
I stay in Nerul society which is over 35 years old. Society is negotiating with builder for redevelopment of this building which has 12 flats on a plot of 900 sq meter. Out of 12 flats , 10 flats are 2BHK and other 2 flats on top floor are 2BHK with personal open to sky terrace attached to both flats separately. top floor 2BHK is also of same size as other 10 2BHK flats. Attached terrace is also of same size as 2BHK flat but is open to sky. This terrace was purchased and is clearly mentioned in the registry documents as well with terrace size of 800 sq ft built up. So all 14 units ( 12 flats & 2 attached terraces ) are of uniform size. Personal terrace is accessible through respective flats only and there is a separate common terrace as well accessible to all members on top of our flats.
What i need help is to understand the accounting of this attached terrace area in calculation in case of redevelopment. I am getting very different views for accounting of terrace from not eligible in any counting to 30% of terrace area and some saying 50% is eligible of total terrace area. What is the correct accounting as per regulation or what is standard market practice. My second query is say its X% of terrace area then which area we are talking here 800 sq ft built up are as per my documents or 650 sq ft carpet as per document of my or any flat in society.
Appreciate your help here.
Please suggest if there is any way to reach out to yourself and take professional consultancy for assistance in future.
Regards
Amit
CHS, property-related issues
Affidavit states
1. To admit the execution and submission of the Release deed signed and executed by us before the concerned sub-registrar of andheri or mumbi or any other competent authority or officer and to admit execution thereof and to get the same duly stamped and registered in the manner above said.
2. To apply, sign, represent and do all required acts and things by making application to the society and or its office bearers, members for the transfer of shares and share certificate with respect to the said premises in the name of sister
3. to appoint any solicitor or advocate or counsel or accountant as may be necessary in connection to above said
4. To attend the office of Scoiety, Registrar of Co-OP soc, federation, officers, office bearers, attend the society's meetings, to sign resignation of membership on behalf of current sole owner and membership applications forms, declarations, affidavits etc and to do all compliances for the transfer of share and share certificate in favour of sister
5.In general to do all acts, deeds, and things which might be necessary to do for complete and absolute transfer of the said premises and the said shares in the sole name of sister
and we hereby for ourselves/myself, our respective heirs, executors, administrators and assigns do hereby ratify and confirm and agree to ratify and confirm all that my said POA and the same shall be binding on me as if the same were lawfully done by us. CHS, property-related issues
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