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Anupam Ray   19 June 2016

Builder not ready to rectifiy wrong deed of conveyance

I purchased a flat from Starlite group (Website - starlite.in, Contact No - 033 4063 0402) in a residential complex "SUNNY BLISS" situated at 590 Anandapally, Purbapara,Kolkata- 700084.My property registration was completed on 12-Feb 2013 at Alipore Judges Civil Court in presence of Mr. Manoj Todi, on behalf of Starlite. Since I was outside India on business tour at the time of registration , my mother Mrs. Sikha Ray having power of attorney signed the deed on my behalf. Unfortunately she overlooked and signed the page having the wrong floor plan. The position of lift and staircase has been interchanged in the drawing, contrary to the actual scenario and consequently the area and design of my flat unit are affected. I called up the builder's office and requested to help me in getting this fixed, but they seemed reluctant to do this and refused to help me further. They are are ignoring my repeated phone calls and not ready to give a solution.I do not know how to get the recitification done in my deed without the cooperation of the developer. I have attached my wrong floor plan and the actual one.



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 3 Replies

TS Makkar   19 June 2016

A suit u/S 26 of the Specific Relief Act can be filed for rectification of the sale deed,

Anupam Ray   19 June 2016

Thanks for the reply. Can the rectification deed be executed without the intervention of the builder, in case they want to do not cooperate with me?

TS Makkar   19 June 2016

No, as their rights would also be affected by such rectification, it cannot be made in their absence. However, they would have to defend such suit and further if the court finds that there was a mistake in the Sale Deed and it does not express the actual intention of the parties, the court may direct such rectification.


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