Flat floor mentioned wrongly
Srinivas
(Querist) 24 September 2018
This query is : Resolved
Hi Sir,
I am about to buy a flat. its 20 yrs old. I have checked the documents sale deed and sale deed declaration. The sale deed declaration has some mistake and the owners realized now. The mistake is instead of SECOND floor it was mentioned as FIRST FLOOR. They approached the builder and the promoter. They agreed to give rectification document wherever the erroneous typo exists( like page 5 and page 10 it was mentioned wrongly as FIRST, please read as SECOND and it will be duly signed by promote,builder and owner). Can i Purchase this property? please Help... will there be any problems in future?
K Rajasekharan
(Expert) 24 September 2018
When an error in the deed is rectified by a rectification deed as the law prescribes then the new deed is as good as the originally correct one. Hence there may not be any legal problem at all.
Rectification is a legally permissible way of correcting the errors happened inadvertently.
Srinivas
(Querist) 24 September 2018
Sir, thanks a lot. As per promoter, since this is deed declaration signed between promoter, builder and owner, there is no need to register this recification document at registrar office.. Please let me know if it is OK or not.
kavksatyanarayana
(Expert) 24 September 2018
As advised by Expert Mr. Rajasekharan ji, first they shall execute a rectification deed and then only new deed shall be registered.
Kishor Mehta
(Expert) 25 September 2018
The rectification deed has to be registered to be legally valid.
Dr J C Vashista
(Expert) 27 September 2018
How does it make difference in mentioning wrong number of floor of the flat? The title is absolutely clear and marketable; besides this, its possession is uninterrupted, actual and physical .
Nothing to worry or proceed, let it remain as it is.
K Rajasekharan
(Expert) 27 September 2018
As advised above, registration of the rectification deed is also a must so as to have the correction come into legal effect.
