Floor number mentioned wrongly but flat no. is correct
Querist :
Anonymous
(Querist) 25 July 2024
This query is : Resolved
I am going to purchase resale flat in housing society. However on the sale agreement the floor number is mentioned correctly as First floor. But on the sale deed in some parts, floor number is mentioned as second floor and in some parts it's mentioned as first floor. Flat no. is correctly mentioned everywhere.Can I proceed further with this deal ? Thanks alot for this advice 🙏🏻
kavksatyanarayana
(Expert) 25 July 2024
Did the sale deed register? If the sale deed registered, it shall be rectified by the seller and get it to be registered.
T. Kalaiselvan, Advocate
(Expert) 25 July 2024
If the details of the property you propose to purchase is discriminate or inconsistent then there is no compulsion on you to purchase the defective property, you can ask your vendor to get the errors rectified by a registered rectification deed and then get a legal opinion from an experienced lawyer in the local before venturing into the purchase of the property and not before that.
Querist :
Anonymous
(Querist) 26 July 2024
In Sale Agreement which was made during the under construction status of property,its correctly mentioned as first floor. After completion of project Sale deed is registered that is in year 2000. Property is 23 years old. In the draft part of sale deed it's mentioned correctly as first floor. Further, In the schedule part of sale deed, the floor number is mentioned wrongly as second floor but house number is mentioned correctly everywhere. Should I proceed with deal ?
Thanks Alot for this Advice.🙏🏻
T. Kalaiselvan, Advocate
(Expert) 27 July 2024
The particulars of the schedule of property do not tally with other documents to that of the registered sale deed, therefore it will be considered as a major error and defective title. You may approach an experienced lawyer in the local and obtain a legal opinion if you are very keen to buy this property and proceed only if recommended
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