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nagraj n (field engineer)     04 December 2012

Registrar refusing to rectification deed

I have registered property in panvel. Builder has made incorrect numbering of flats but in blue plan it is normal. But the builder has done mistakes while doing registrations of some flats including my flat.

so for correcting the error of flat number myself and builder approached to registrar. But registrar is refusing to register the rectification deed. Instead he is asking of another process which involves cost of 50,000 rupees

Please help



Learning

 7 Replies

Senthil Kumar L (Advocate)     05 December 2012

Dear Nagar,

 

Prepare a Rectification Deed duly drafted by the Advocate or Document Writer and present the same before the Registrar for the registration.  If he refused to register you just ask him give the same in writing and put the same before the Inspector General of Registration or District Registrar.  The Registrar should not refuse to register the document without any valid reason. Hence you approach the register.

surjit singh (Assistant)     07 December 2012

There is no question of refusing to register a rectification deed by the Sub-Registrar. As Mr Kumar said approach the higher authority, you can also the District Magistrate of the district.

Adv.Bhagwan K Taur (Legal Advisor)     08 December 2012

Dear,

 

 

what Adv.Mr.Senthil Kumar L said is correct. You approach to the JDR. First take the said opinion of Sub-Registrar in writing.

ANKIT (PROPRIETOR)     02 May 2013

Dear sir,

I have purchased a resale property from Mr.Ram and Registered the same with the sub-registrar and applied for loan for the said property, but now the bank personnels lawyer says that, as the property is registered originally in the name of Mr ram & his brother Dinesh (who is already dead), a rectification cum declaration deed needs to be filled and registered so that i become the only owner of that property. My question is whether the bank personnels are right?? and whether there is any other way to deal with this situation and get the property registered only in my name. Our lawyer is of the opinion that no rectification cum declaration can be done and the bank can give loan if all the legal heirs give their consent through an Affidavit (which has already been done) Late Mr.dinesh was unmarried but he had 1 sister and 1 brother and mother other that Mr. Ram. Please guide me regarding this...

K. GOPALAKRISHNAN (ADVOCATE)     03 May 2013

Dear Ankit,

Since Dinesh died intestate, his legal heirs viz., his mother, sister, brother (who is already co-owner of the property) and another brother have to execute the Sale Deed in your favour.  But you have registered the sale deed without the legal heirs of Mr. Dinesh excepting Mr. Ram.  Hence a ratification deed to be executed by the mother, sister, brother and Mr. Ram (since ram has 1/4th share in the 1/2 share of Dinesh) and the bank will also accept to this.

Regards

Gopalakrishnan

9840199577

ANKIT (PROPRIETOR)     03 May 2013

Thank You So Much Sir

But Sir, our Lawyer who had drafted and registered the sale deed, did a mistake in the registered sale deed stating that, after the death of Mr.dinesh the ONLY legal heir of the property is Mr.Ram. And now he says that The Sub - Registrar will not register the change if we add any new names (i.e. of other legal heirs) in the Rectification deed.

So i Just wanted to know whether he is Right in what he says??? And if,  adding names of all legal heirs is possible in 'The Rectification Deed' then what are the averall charges that i will have to pay.. 

The said Property is situated at virar (east), Taluka - Vasai, District - Thane 401305

Thank You Sir.

Regards

Ankit Jain

ramgopalpadala (Document Writer)     03 May 2013

Hi Ankit, It's Not Rectification deed. It's Ratification Deed.  What Advocate Mr. K.Gopal Krishanan says is right.

Regards,

Rams Padala,

Document Writer


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