Hari 26 May 2017

Rectification on parent document

I'm planning to buy a resale flat and found a suitable TNHB property in KK Nagar chennai. Actually Flat is located at second floor and where as in the parent document (TNHB to First owner) the FIRST SCHEDULE it specified as flat is in GROUND FLOOR and where as in all the other places its gives as FLAT Iin SECOND FLOOR door #S2. Now the property is owned by THIRD OWNER. It is family settlement between, From Mother to SON and from SON to WIFE. Even in family settlement deed its mentioned as FLAT is in GROUND FLOOR only.

Only from the THIRD owner I'm planning to buy the Flat. When I raised this query on the GROUND FLOOR issue, THIRD OWNER registered a self "DECLARATION DEED" stating that her property is in SECOND FLOOR and bearing the door number S2.

When i took legal opinion, Lawyer said DECLARATION DEED had to no legal value.

1.Can't we rectify the mistake in the parent document from GROUND FLOOR to SECOND FLOOR.? First owner is currently not keeping well(bed ridden), is there any chance for the SECOND or THIRD owner can do the RECTIFICATION.

Thanks Hari

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3 Replies

Ms.Usha Kapoor (CEO) 27 May 2017

You try by approaching 2nd and 3rd owner.

Kishor Mehta (CEO) 27 May 2017

Sir, In the event of such a grave mistake in the specifications of the flat in the original registered document, the subsequent documents may be termed as void and not relating to the flat under reference. It will be in the best of your interests to be cautious while entering into the deal. Good luck, Kishor Mehta

adv nishant (Advocate) 28 May 2017

Mr Hari, the procedure is simple not that complicated , whoever executed the parent document need to execute a Rectification Deed for the Parent document, as in this case TNHB was the seller, hence a application can be moved for rectification , once the rectification deed is executed in the sub-registrar office the defect that has arisen shall be rectified.