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How can one work out the carpet area?
Builders of residential complexes only specify the total area of an apartment, including the common area in their floor plan, and never specify the effective plinth and carpet area except individual room dimensions. The carpet area so calculated with the given room dimensions in the floor plan never touches even 75 per cent of the total area specified for an apartment. As a prospective buyer I would like to know the criterion applied to specify the area of an apartment in
a residential complex, and how a buyer can ensure that he is not taken for a ride by false specifications and only gets his right and legitimate share.
Kalavathi Balan,
Chennai
Our panelist Mr. R.L. Narayanan replies: If the undivided share is calculated based on your built up area as against the total built up area taking into consideration the total extent of land, then this calculation will more or less reflect the actual area that you will have in the complex.
Referring to your query, you have the rights to obtain specific particulars of the carpet area and the common area along with other details relating to your apartment.
You can also have an engineer or an architect to provide you these details and take up the matter with the builder concerned and ensure that there is no loss caused to you in this process. In most cases, however, the builder may have already entered into transactions and documentations in respect of a similar area with other apartment owners. This may cause certain practical problems for the builder to comply with specific individual requests.
Evicting the seller
My husband and I purchased an independent house in Chennai last year in the month of July. We took a loan and had it registered in both our names. The person who sold it to us was living there and since we were on good terms requested us to let them stay for three months, which we agreed to. But, now it has been a year and four months and still they are refusing to move out. They have become hostile and threaten us not to come anywhere near the house.
We do not know how to proceed to get them out of the house. I have heard that civil cases go on for years and till then they will enjoy the property and we will incur a lot of loss, since we had taken a loan to purchase the property. How do we proceed and what is the quickest way to get them out of our property?
Shanthi
Choolaimedu
Mr. R.L. Narayanan replies: It is unfortunate that your seller is refusing to vacate the premises. You will definitely have the rights to have your seller vacated from the premises. The time factor will depend on whether you have provided the house on lease to him after the purchase or whether you have granted him a gratuitous right of occupying the property without any compensation. From the facts provided by you, I am of the view that it is best for you to institute appropriate proceedings for recovery of possession at the earliest. Please consult an advocate and take appropriate action. Even if it is time consuming, it is advisable to start the proceedings at an early date.
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