Survey no. not matching in index ii and oc
Manish
(Querist) 21 November 2017
This query is : Resolved
I have purchased a flat in Lodha CasaRio Mumbai. Survey no. of the building in Index II (agreement document) and Occupancy Certificate (OC) is not matching. Builder is saying, "wrong survey no. has been recorded in Index II, so, to rectify the error builder has register deed of declaration in the sub registrar's office declaring the correct survey numbers for each of the clusters in the Project on the basis of occupation certificates received for the same".
Builder send me the copy of the deed of declaration. What I should do? What are the complication of this? Whether I can sell the flat at any time without any problem or I will face any problem due to mismatch of survey no. Please guide....
Guest
(Expert) 24 November 2017
First you need to know funda of this thing (Sorry it can be genuiene case , and I don't want to take any builder name at same time I know anyone can do anything )
Funda -- of this thing for illegal thing is
In Maharashtra they take survey sheet , it is very basic . This survey sheet is maintained as per Land Revenue Code . So whole city survey sheet they taken . One by one area they mark as Zone A , b etc. Sub zone etc.
Now depending upon character of area like busy road etc. they value specific zone as Zone1 valuation zone 2 valuation. on that min. Govt stamp duty and reg. fee is fixed
Now to save stamp duty what people do they mention wrong survey no. of different zone where the rate is less but everything they make straight in document . Take for eg. If you are purchasing flat in A area the cost is 30,000 psf . and same survey no. in B area cost is 15,000 psf then they go and mention while registering document in Zone B
Purchaser unknowingly happy his stamp duty and registration fee is saved but he has to face complication forever because his building is in one area but registration done in other area .
Now to rectify that all parties have to do rectification deed or if that declatory deed is correct required to be checked.
The difference between stamp duty and the registration fee is required to be checked.
In that case better send all documents for adjudication of stamp duty and registration fee (telling correct survey no. ) you need to pay deficient stamp duty and registration fee plus penalty etc.
Adjudication is process by which competent authortiy determine correct stamp duty , registration fee. 99% situation is that you have paid less stamp duty registration fee . Very rare case opp.
So once you get document adjudicated and aware you paid proper stamp duty , reg fee for your flat , as well as necessary document like rectifciation deed , declatory (If it is correct) then you are bit on track.
But such flat while selling may fetch little less amount because new person don't want headache and he avoids such transcation .
Additionally you need to get document verified from proper adv. dealing in land and property matter and get title certificate and written clearance that all is done properly now and it is proper .
