Beware of Crooks: Part 3

Ensure that the undivided share is properly allotted as per the apartment or flat area agreed to by the promoter since any portion not dived properly may be claimed by the owner later. When working out the area of the apartment or the flat, the area occupied by common staircase and are adjacent to it only must be included but not the area covered by sunshades, water tank etc. Normally the thickness of the wall in between two apartments or flats or the external walls should be of at least 9 inches. Besides there are specific conditions for the road running in front of the building of the apartments/flats, car park area, one way/two way traffic area, gap between buildings adjacent to each other, in the front portion and back area etc.

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Demand the allotment letter from the promoter as soon as you agreed to buy the apartment or flat before releasing the agreed amount. This is a vital document since it indicates the location of your apartment or flat (plan) in the building, total built in area, portion of the undivided share, its value, expenses to be incurred for registration, value of stamps required, cost of construction, taxes payable with their details,  the period by which the flat or the apartment will be handed over to you, payment terms etc. Along with this letter, the promoter has to provide you with the plan of the flat/apartment as well as the plan of the entire area covering all the flats/apartments within that land. You have the right to deduct the amount equivalent to the time delayed in handing over the apartment/flat if it is not done as agreed to in the letter. Get also the detailed Agreement of Construction indicating all the construction costs mentioned already in the letter and the date of handing over the flat/apartment so that you can establish your right over it as well as seek loan or financial help on its basis.

Normally whenever flats or apartments are built, the owners form an Association in common to take up issues related to the flats, electing President, Treasurer, Secretary and other office bearers. The remaining will be the ordinary members. There are certain liabilities on the part of the promoter of the flats/apartments. Ensure that the person hands over to your Association all the drawings/plan related to the foundation, water lines, drainage/sewerage, electrical lines and underground cables to enable them to locate the exact of the fault/trouble that may arise later. It is also the liability of the promoter, to give in writing, to rectify all the defects and faults that may be observed after completion certificate is obtained. You have the right to sue the person if he/she refuses to rectify any constructional errors/defects that may arise within two years from the date the flat/apartment is handed over to you. For this it is extremely important that you have obtained the parent document related to the flat at the time of its handing over to you. If the promoter does not hand over this voluntarily, insist.

Last but not the least, it is very essential to make a thorough enquiry about the standing of promoter and his/her project from those who already live in the flats/apartments built through/by the person.

Concluded