Rectification of sale deed
Querist :
Anonymous
(Querist) 28 January 2011
This query is : Resolved
Hi
I have purchased a govt promoted flat at Kolkata and the sale deed is already registered and original submitted to bank.I have already received the keys and am staying at the same. All the brochures, deed format given by the authority mentions that the flat to be of out right sale.Now we come to know that the land is a leased and the deed cannot be a sale deed but it has to be lease deed and they are asking us to change the same, verbally without any written communication though.
My queries are
1.Is it legally allowed to change it now?
2.Can the authority force us to change it?
3.What are the implications if we do as I have taken a bank lona for the same.
Please advice
Raj Kumar Makkad
(Expert) 29 January 2011
1. No. It cannot be changed and you cannot be victimised at this stage.
2. No. If it forces then you obtain a stay order against them and also file a criminal case against such officer.
3. Though I am of the firm opinion that Govt. cannot do as threatened or verbally asked even then if it take illegal action despite of your court proceeding, bank can ask you to deposit the entire arrears of loan one time of can seek permission from Govt. to mortgage the flat against bank loan.
