Wrong name in booking flat
sachin
(Querist) 17 April 2014
This query is : Resolved
Dear Sir/ Madam,
A customer booked a flat. The costumers brother who is also a estate agent filled and signed the booking form on behalf of his brother who is the costumer. While filling his name, he inadvertently mentioned as "Ramesh Kumar" which was in regular use, instead of giving his name as appearing in revenue records as "Ramesh Mittal".
All correspondence was made by the builder in the name of Ramesh Kumar. The customer has paid the instalments as and when demanded by the builder through the bank account held in the name of Ramesh Mittal and the corresponding entries are reflecting in the books of the builder.
Now, when the Agreement for Sale is required to be registered the costumer realised that the name in the records of the builder is different from his name in official records and has accordingly requested the builder to register the Agreement for Sale (AFS) in the name of "Ramesh Mittal" instead of "Rakesh Kumar".
As a builder we wish to know as to what precautions we should take before executing the AFS in the different then that appearing in our records?
What documents/proofs should the costumer provide to the builder to satisfy him that both names are of one and same person and no legal issues would be created at a later date?
Regards,
Sachin
ajay sethi
(Expert) 17 April 2014
an affidavit from customer would suffice that they are one and same person
Rajendra K Goyal
(Expert) 17 April 2014
Can take an affidavit that both names are of same person. Alias style can also be used. Sale deed is final document and correct name should be shown / used in the document.
malipeddi jaggarao
(Expert) 18 April 2014
Affidavit is enough as the payments came through the account of Mr.Ramesh Mittal. No other person can claim that he has paid the money.
sachin
(Querist) 18 April 2014
Will it also be necessary to take an Affidavit from his brother/broker as he had filled and signed the application form in the wrong name of "Ramesh Kumar" instead of "Ramesh Mittal"?
ajay sethi
(Expert) 18 April 2014
not necessary to obtain affidavit from borther / broker
Sourav Das
(Expert) 19 April 2014
agreed with the expert. an affidavit from the original customer is sufficient.
Devajyoti Barman
(Expert) 19 April 2014
do as advised above without repeating again.
