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Bhavesh Desai (Sales Manager)     30 December 2014

Is rectification deed is right for us?

Dear Experts - Need your advice

We are housing society in Mumbai.

In year 2010, our society went for redevelopment of the building and executed Development Agreement, Power of Agreement with the selected developer.  A tri-party agreement was also executed between developer, society and individual members.

At the time of registration plan 1 was shown to us and same was part of all the agreements.  In year 2011 due to changes in rules, plan 1 was rejected by authority and developer submitted plan 2.

There are substantial changes in plan 1 and plan 2. Like layout of floor has changed, floor level of members has changed, number of flats on floor has changed, provision for parking was changed. Please note area of flats are unchanged.

My question-

How can we incorporate changes in registered documents, i.e Development Agreement, Power of Agreement and tri-party agreement executed between developer, society and individual members?

I read on this forum that a rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved.  In our case along with factual errors there are huge changes?

What should we do? And what procedure you experts suggestions?

Please help.

Thanking you,

Bhvaesh Desai

Mumbai 

 

 

 



Learning

 4 Replies

Dalip Singh (Advocate)     30 December 2014

In my opinion, you should execute supplementary agreement incorporating the factual errors and other changes.

1 Like

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

This is not a factual error.  It is a change in the entire situation.  the society being a party and will normally possess the master document, the altered or restructured schedule of properties can be registered by incorporating the changes in the master document. Take the help of a local lawyer who will be able to restructure the schedule of properties to be incorporated in the documents to be registered afresh after re-development.

1 Like

Biswanath Roy (Advocate)     03 January 2015

Reconstruction of Development Agreement, Power of Agreement and Tri-party Agreement can solve the problem . But a good Surgeon is needed to operate this boil on your body don't hire any Barber.

1 Like

Bhavesh Desai (Sales Manager)     08 January 2015

Thank you very much for your replies.

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