Rectification deed reg
Geetha
(Querist) 11 October 2020
This query is : Resolved
i have purchased an under construction flat in Chennai and have completed the construction agreement registration, UDS registration pending.
Now I want to add my spouse in the construction agreement, can i do a rectification deed. What will be the cost involved?
Isaac Gabriel
(Expert) 11 October 2020
Rectification deed could be registered. For the fees etc., get details at the Registra's office.
Geetha
(Querist) 11 October 2020
Thank you Sir. Would like to know what is the difference between a rectification deed and supplementary deed. in my case will it be a rectification deed or a supplementary deed?
kavksatyanarayana
(Expert) 11 October 2020
If you want to add your spouse name, you have to cancel your registered Agreement and again you have to go for an agreement with your name and your spouse name. There is no provision for settlement or rectification deed. If you execute the deed as a Rectification deed, the Sub-Registrar shall treat this deed as the cancellation of the previous Agreement and new agreement and you have to pay the stamp duty accordingly. So it is better to avoid adding your spouse name now and at the time of Flat registration, you can add your spouse name also. So wait until the sale registration.
Geetha
(Querist) 11 October 2020
Thank you Sir. So you say that to add spouse name in sale deed we need to cancel the existing agreement and create a new one. So we need to pay the entire sale deed amount again, but is any amount being levied for cancellation?
Also your suggestion to add spouse name in UDS/flat registration was initially considered by us, but the problem is that for my spouse to get tax benefits her name should be present in both the agreements i.e sale/construction deed and UDS agreement (this was the statement from my bank wherein i had taken home loan). Since my goal of adding spouse is primarily for tax benefit am thereby looking to redo the construction agreement. That is why we were looking for a rectification/supplementary deed option.
Dr J C Vashista
(Expert) 12 October 2020
It is an agreement even if it is registered, which can not and need not be amended.
You may add the name of spouse in the Sale Deed at the time of its registration with the consent of seller/ builder.
Rajendra K Goyal
(Expert) 13 October 2020
Agree with the expert Dr. J.C. Vashishta ji.
Geetha
(Querist) 14 October 2020
Thank you Sir. Just want to reiterate that the sale deed and construction agreement is already completed with my name alone. Only UDS registration is pending. The seller agrees that he can add my spouse to UDS registration. But I want it to be added in the sale deed too for which the seller has conveyed that i need to redo the sale deed. Is this statement of the seller correct?
P.S If my spouse name is present in the UDS agreement alone then tax benefit cannot be claimed, the name should be present in sale deed too.
Rajendra K Goyal
(Expert) 14 October 2020
For adding name of wife you have options:
a) Get the registration again after adding name of spouse.
b) Execute rectification deed.
c) Can sell 50% share to wife by fresh conveyance deed.
Geetha
(Querist) 15 October 2020
Thank you Sir for clarifying.
Rajendra K Goyal
(Expert) 15 October 2020
You are welcome, may revert in case of any further question on the query.
