I have given my house on leave and license. My licensee has obtained an Aadhaar card at my house address. Can an Aadhaar card be issued on the basis of such agreement which is for 11 months and subsequently may or may not be renewed? Can I complain against such misuse of my agreement? If yes, where to file such a complaint?
Col. Umakant Sharma, Kharghar
The Unique Identification Authority of India (UIDAI) has provided a list of documents that are acceptable as identity and address proof in accordance with the Aadhaar issued under the UIDAI regulations. Serial number 19 for the list applicable for the enrolment of individuals having age of five years and above provides that a valid sale agreement/gift deed registered with the registered office, or registered or unregistered rent, lease or leave and license agreement is acceptable as the document for proof of address of the applicant enrolling for the Aadhaar number.
Thus in case your licensee has submitted your leave and license agreement for obtaining the Aadhaar registration, the same is acceptable and valid. However, your licensee should have informed you prior to obtaining the Aadhaar enrolment for the sake of good order. You may refer to this schedule on the website of UIDAI www.https://uidai.gov.in.
Builder has sold two adjoining flats of 441 sqft to one person and executed a single agreement for the combined area of two flats i.e. 882 sqft. However, the BMC-approved plan shows two different flats. BMC is not charging property tax for both the flats as the area is less than 500 sqft. In such case will the maintenance charge be levied for one unit or two units as equal maintenance charges are levied by our society irrespective of the area of the flats?
Raman Borkar, Borivali
The registered agreement shows a single flat measuring 882 sqft, whereas BMC records indicate two separate flats, each measuring less than 500 sqft. There are two ways to look at this issue, first being the developer having obtained permission from the planning authority to amend the approved plan to merge the flats as a single unit of 882 sqft. In such case the member is liable to pay the property tax. The difference in the registered agreement and the BMC needs to be decided by the appropriate authority.
Secondly, if the developer has not obtained any such permission, the construction is not as per the approved plan. It is imperative that the developer has to construct building as per the approved plan. If the developer has executed one agreement for two separate flats, there seems to be a loss to the exchequer on account of registration, stamp duty while the member is claiming the benefit of zero property tax as both the flats individually are less than 500 sqft. This member cannot take benefit on both the counts. There being a difference in the two government records, the matter may be reported to the BMC along with the proof of registered agreement.
Generally, the society has to charge two separate bills for the two flats owned by a single member. Service charges are common to all while the taxes will be as prescribed by the local authority. Water charges will be on the basis of number of inlets given in the flat. Please refer to byelaws 65-68 for more details.
What is mean by premium FSI? How is it different from the FSI?
Sadanand Shinde, Mahim
FSI means the Floor Space Index and it is fixed and regulated by the local planning authority through the zoning and development regulations. In Mumbai, we have the DCPR 2034 while the UDCPR 2034 is applicable to the rest of Maharashtra. FSI is the ratio between the plot size and the total built up area allowed to be constructed by the planning authority. Premium FSI refers to an additional floor area that the developers can acquire beyond the standard FSI through payment of a premium to the local municipal authority. Premium FSI provides an opportunity for increased construction rights beyond the standard FSI.
