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naresh A Mr. (Others)     11 December 2013

In case of construction agreement who would be executant?

We recently bought a flat that is under construction. As all flats bought after Oct 1st 2013 should have the construction agreement registered we got our construction agreement also registered. However, ours was the first construction agreement that was registered in the sub registrar office as so far it was not mandatory to register the construction agreement.

Now the problem is that, since it was the first construction agreement registered in that office, the document writer who handled our registration was not sure of the process and stuck the BUILDERS photo on top and my photo in the bottom on the back of the first page of the construction agreement (which is a stamp paper). So during registration my name was registered as the EXECUTANT and the Builders name was registered as the CLAIMANT. And although I paid the stamp duty actually, the builders name is mentioned as the one who paid the stamp duty for that document during the registration.

My doubt is: Should Not I be the CLAIMANT and the Builder the EXECUTANT? Will we have to do any corrections....like register a rectification deed etc...or is this fine as it is just the construction agreement? Please help me with this query and let me know the procedure to follow in case of any corrections that are needed to be carried out. 



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 2 Replies

BAALASUBRAMANNYAMM (Advocate)     11 December 2013

The photo of the Builder and your photo should be affixed on a "separate photo form", but not on the back side of the stamped paper.  The builder photo should be affixed on "top" and your photo should be affixed "below"  of it. Here the builder is called as  "Executent" and you are called as " Claimant". This is the procedure. If any thing appears other than this, it is not a "perfect document". In case of any objection, made by the bank people, in case of taking loan, they have a right to object it. You can go for rectification, in case of rejection  by the bank people, but not now.

naresh A Mr. (Others)     11 December 2013

Thanks so much Mr. Bala Subramanyam.

Actually, the photos were pasted on the back side of the first page of the construction agreement  (which is a stamp paper of 100 Rs) as is done in case of sale deeds. I didnt mention that clearly in my post...I have corrected the original post now .

So is that still incorrect for construction agreements? Do we need a separate photo sheet?

And actually I have bought the property fully without any loan after selling my old property. So in that case don't we need a rectification deed? Will it create problems say 10 or 15 years down the line if I try to sell the flat to someone else if I dont have the rectification deed etc?  Please clarify.

Thanks!


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