Hi, We recently bought a flat in an apartment. Here, private terrace is considered as common area and hence, taken as 0.5 share while calculating proportionate common area (PCA). Our sale deed's PCA is lower as it above terrace share has not been added. Since PCA was not part of sale agreement, it could not be crosschecked. Mistake was known when deed of declaration (DoD) was seen containing area numbers of all flats. UDS/Capert/SBA/Buliltup area all proper. QQ1) Builder is now rectifying DoD to incorrect lesser value to match Sale deed. Is this legally correct ? Wont one flat get singled out as having lesser PCA ? QQ2) Can we rectify this in sale deed itself. If yes, does this imply new transaction due to area change or can it be explained as factual mistake in calculation ?
Read more at: https://www.lawyersclubindia.com/forum/declaration-deed-vs-rectification-deed-96030.asp#
Agreement to sell and sale deed has to be perused and appreciated by a local prudent lawyer for analyses, forming proper opinion and advise.
