pravin (Professional) 23 April 2010

Seller wants additional money in favor of rectification deed

Hi,

I have purchased a BDA property in bangalore and got it registered in my name in 2001.

Recently we noticed a mistake in the sale deed in theschedule of the property in respect of the dimensions.

The total dimensions mentionedin the deed is correct (1200 Sq feet) but the size from east to west and north to south is wrong. instead of east to west 40 feet it is mentioned as 30 feet and instead of north to south 30 feet it is mentioned as 40 feet.

I was able to trace the owner and asked him for the rectification deed to be done.

After a few postponement now he asks that 5 % of the current market rate he wants as a favor of rectification deed. The original sale deed which was executed by BDA in name of original owner has the correct dimensions. even though the site number is ok and the khata is in my name . I wanted this rectification deed to be done but after 8 years the property value has appreciated a lot and paying 5% will be a lot of money. Request the members to provide suggestions. can i file a criminal case against him or shall i keep quiet. can i face any problems later . I don't want to pay the greedy owner so much of money. please suggest

Rgds

Pravin

Reply Follow

4 Replies

Darshan Panchal (Advocate) 23 April 2010

Error in dimensions is not a big problem, since property has already been registered in ur name with correct particular on papers. Unless and until u want to sell it off at that time u will have to give a declaration that dimensions are infact so and so but wrongly mentioned in sale deed if at all the proposed purchase desiires. These type of errors are common in deeds unless of substantive nature. so don't worry.

1 Like

ravikumarbcombl (advocate) 23 April 2010

Yes i too agree with Mr.Darshan.. so far you are not having the proposal to sell the property ... the dimension are in technically related one so no need to worry about it... in future when you go to sell, at that time you have to properly mention the schedule with correct dimensions.. for the timebeing you can simply ignore that because.. the extent is not as much larger.....quite for residential.. like dwelling unit might be developed.. so that nothing to worry..

1 Like

bhagwat patil (Property due diligence 9422773303) 11 May 2010

In ROR it must be mentioned right way. for potential custmer in first instant only u tell about the mistake. this is very minor one.but if ur buyer discovers it after the agreement it may trouble on ur part.