Mumbai. I booked a 1RK flat from a builder in 1989-90. The agreement stated that I am purchasing flat with following details ( B wing, R.No. 202, Ground Floor)
PLEASE note that no such flat exists in the entire building. There is no B/202 Ground Floor. There is A/202 which is on 2nd floor and also 1BHK ( mine is 1RK ) and which I never bought anyway.
The sale agreement was registered and stamp duty was also paid in 1992 itself. However, on possession (in 1992) under complicated scenario the flat given was B/204 2nd floor. Since, ground floor area and 2nd floor area had discrepancy, as per discrepancy the remaining amount for stamp duty and registration was paid in 1998. The authorities had come to measure area in 1998 and had come to B/204 2nd Floor. So they were aware about the discrepancy as well. Basically, my flat has all necessary stamp duty & registration done.
The builder is ready to co-operate for rectification deed for changing room number to B/204 2nd Floor. However, I have gathered information from some sources which suggest I will have to pay full stamp duty and registration again ( as per today's rate ). I don't understand why is it so? The area has not changed, the location has not changed. since there is no B/202 Ground Floor in the building. So whatever, I have paid is against my current flat. My final few (1992) installment payment receipts to the builder have B/204 mentioned and also all my society documents right from day one mention B/204 2nd Floor. Basically, I have all the proof that B/202 Ground Floor does not exist and I have purchased and lived in B/204 2nd floor since day 1.
- Then why do I have to pay whole amount again when I have dutifully paid everything against my flat (by 1998). What does the law actually say about this?
- My primary concern is assuarance to buyer in future when I sell, that all documents related to property are clear.
- I have a statement on letter head from the builder which says it was in error that B/204 2nd floor mentioned as B/202 Ground Floor. Can I make a notary of it? Will that suffice?
I am more inclined towards rectification deed since that will make everthing sorted once and for all. However, please do answer all my queries.
