Problem in purchase of resale flat sale deed
r.senthilkumar
(Querist) 19 January 2016
This query is : Resolved
Repected Sir,
I have booked a 4 years resale flat in chennai perumbakkam. the cost of the property is 33 laks.
I have applied a housing loan in SBI and got approved for RS. 26,40,000/ and i have paid the remaning amount as advance RS. 6,60,000/ to vendor like RS. 50,000 as cash and RS. 6,10,000 as cheque and got the
vendor signature in the receipt with 1 rupee revenue stamp and we did Agreement to Sale (unregistered).
Before the registeration, I came to know that there is typo error in vendor's sale deed with respect to approved layout plan. The issue is, the apatment has Plot 1A and Plot 1B. By mistake the Plot 1B's four boundaries
measurment was wrongly mentioned in Plot 1A in vendor's sale deed. For your reference, My booked flat comes under Plot 1A.
Now the vendor refuses to do rectification deed because he says it costs much and asking me to pay for that or else he will deduct 1 lak from my advance amount if I refuse to pay the amount for rectification deed or cancel
that property.
Please advice me. I don't know what to do. Can I handle this problem legally? Can I get my entire advance amount?
Thanks and Regards,
R Senthilkumar
H.M.Patnaik
(Expert) 19 January 2016
You can give them a Pleaders notice to rectify the Deed in view of the specific defects and no action is taken thereon within a reasonable period, you are free to take appropriate legal recourse for deliberate insertion of defective details regarding location of the property etc. and seek damages/ rectification of Deed through court.
Rajendra K Goyal
(Expert) 20 January 2016
Whether documents deposited in the Bank have same (discrepant) details or actual / correct details.
What proofs have you got regarding your claim?
Consult local lawyer, show him all the documents, discuss in detail and proceed according to his advise.
r.senthilkumar
(Querist) 20 January 2016
Thanks for your reply Mr.H.M.Patnaik and Mr.Rajendra K Goyal.
I have got vendor's signature in Legal paper (Green sheet) with Revenue stamped and mentioned all my payment details like cash RS. 50,000 and cheque number for RS.6,10,000.
Is it enough for me to claim?
Guest
(Expert) 20 January 2016
You may better consult some local lawyer and get your documents examined before to resort to some legal action.
r.senthilkumar
(Querist) 20 January 2016
Thank you for the reply Mr.PS.Dhingra.
Guest
(Expert) 20 January 2016
You are welcome.
H.M.Patnaik
(Expert) 20 January 2016
As suggested by Mr. Dhingra pl. get in touch with any experienced local lawyer with all your documentary proof for proper advice.
