BALAJI THYAGARAJAN 27 October 2015

Building name in cc, oc, approved plan is different from reg

Dear Sir,

I have given advance token for Flat in Malad west, which is SRA building but some flats are sellable for which loan can be availed.

I am buying flat from 2nd party, till now two registration documents are available. 1) First document between 1st party & builder 2) 2nd document between 2nd party and 3rd party.

The flat which I intend to purchase is freehold & loan can be availed. The Building name in all registration documents is WING A, but CC / OC / Approved plan name is 3. The builder changed the name for some technical issues during construction after agreement between tenants & builder.

During MOU before token amount, they agreed to do deed of rectification by a Tri -party agreement i.e Builder, 1st party & 2nd party. Now, the 1st party is not agreeing to sign the documents. Hence, my broker informs society is given NOC for Building change name, this will do for home loan & this is enough to go ahead with deal. He is requesting me to put papers for loan on this basis.

Please note, during both sale deed society was not formed & Builder was issuing NOC. Now the Society is registered, hence the member without registering deed of rectification between Builder & Society Members, they are just issuing NOC. Even Share Certificate is not issued till date.

I request you to please guide me whether I can insist deed of rectification between builder & 2nd party or any other documents to smoothly finish the transction.

I will appreciate your reply in this regard.

Best regards

Balaji Thyagarajan

9920209366

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3 Replies

Subash M R (Advocate) 27 October 2015

Rectification deed between first party and second party will suffice to set right the present situation in question.

Thanking you,

BALAJI THYAGARAJAN 28 October 2015

Dear Sir,

Thank you for your reply. Please note there are two registration documents

1) Builder & 1st Party

2) 1st Party & 2nd Party

As, 1st party had sold flat 6 years back, he is not interested. Even during 1st party & 2nd party registration, society was not formed hence Builder issued NOC .Hence, whether deed of rectification between Builder & 2nd Party will do & can be registered ???

If it will do, I will insist for above document to complete sale transaction. I will appreciate your reply.

Best regards

Balaji

9920209366

Jayanta Choudhury 28 October 2015

I am having a land at Agartala, Tripura for which I am the sole owner. Recently I got a plan approved from the local Municipal authority as residential plan. Now I want to give my ground floor on lease basis to a govt. office. Can any body guide me how to convert my plan to a commercial one or if I don't, whether there this is legally allowed?