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I am purchasing a flat in I at Rs. 3,000/- per sq. ft.  The area of the balcony is 120 sq. ft, Can the builder charge balcony area also at the rate of Rs.3,000/- per sq. ft.?  I have heard that legally the builder can charge for the balcony only at the rate of one-third of the rate fixed for the main building.  

- by Rajashekhar, Siddapura

It is the prerogative of the vendor to fix the sale consideration and the terms and conditions for sale of any of his property.  It is for the purchaser to accept the terms and conditions in their totality or to negotiate with the vendor/developer on the points of dispute.  However, there is no provision under any law for charging lesser rate for the balcony.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I purchased a first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.