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prempillai (IT ARCHITECHT)     24 March 2010

Rectification of sale deed

Hello friends

 

I have purchased a re-sale flat (under construction) recently. The original deed between the vendor and builder was in 2008 and the new one between me and the vendor was in feb 2010.

 

In December 2010 the builder decided to change the name of the building (added "luxuria" to the old name) and informed the bank etc about the name change.  My seller and myself unaware of this change , went ahead and made the new deed with the old name. Builder had also informed the financial instituntions about the name change officially.

 

Now when I approached a bank for  housing loan , they are requesting for a supplementary agreement (tri-party agreement) between builder , me and the vendor regarding the name change. 

 

But what builder and other SMEs say is that, as the builder had already informed the bank officially about the name change, a tri-party agreement is not required;but a deed correction document between me and the vendor with a copy of the builder's official letter (mentioning the name chage) enclosed in the deed correction document is sufficient. 

 

Builder has already given me a letter on his letter head regarding the name change.

 

Now can you pls help me whether I would need a tri-party agreement or just a deed correction between me and my vendor.

Thanks in advance.

Regards

Prem



Learning

 7 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     24 March 2010

Go for a rectification deed as regards the name.

prempillai (IT ARCHITECHT)     24 March 2010

Thanks for the response.

But should the builder required to be a party in the rectification deed.?

My current agreement is between me and the vendor (who bought the flat directly from the builder)

Thanks

Regards

Prem

adv. rajeev ( rajoo ) (practicing advocate)     24 March 2010

Banker is no way concerned to the buider and name of the buidlng.  I think banker is having lack of knowledge what is important whether name or property number.  When there is a regd., sale deed , property extract and encumbrance certificates are there instead verifying those documents unnecessary banke is worried about the name.

1 Like

prempillai (IT ARCHITECHT)     24 March 2010

Thanks a lot.

ashok trivedi (advocate)     24 March 2010

by submitting letter from builder and adding it rectification in your agreemet you can approach the registerar where you havr regd the agreement , you can get it rectified within no time so go ahead and do it. Ashok Trivedi Advocate

1 Like

prempillai (IT ARCHITECHT)     24 March 2010

Thank you Sir.

rbhsingh (legal officer)     01 October 2010

registered joint supplementary agreement between land owner and developer for alotment of share 30 % and 70 %  earlier condition with Development  agreement and G P A, can be rectify the land owner share  in rectification deed basing on  delay to complete the project and handed over to land owners from developer end .

can i go for rectification joint supplementary agreement  between Landowners and Developer 


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