LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ananth (Senior Analyst)     25 April 2012

Schedule details incorrect in sale deed - how to correct?

Hello,

My wife registered a property (an apartment) in her name around 2007-2008 (CHENNAI, MADIPAKKAM VILLAGE, Velachery SRO).

However, recently we identified that the Schedule mentioned in the sale deed seems to be incorrect.

Actual issue:

Total land size was 4437 Sq.ft divided into two plots by builder. Plot A - 2307 Sq ft and Plot B - 2130 Sq ft. Each plot had 4 houses. 

We took an undivided share of 511 sq ft in Plot A. However, in the Schedule A, B of the sale deed, we found that the details refer to "Plot B" and not "Plot A". This includes total square area of plot, 2 boundaries has been mentioned incorrectly including dimensions.

Upon checking in EC, we found that Plot A has 3 houses and Plot B had 5 houses, (our house which is supposed to be in Plot A is in Plot B due to the above mentioned error).

When checked with the builder he simply said its a typo error on his side and it was purely BUYER's fault for not having verified the details, whereas in reality, i understand that the builder never disclosed PLOT A, PLOT B to any of the buyers.

I wish to understand how this problem can be corrected. I checked with a lawyer through a friend of mine. He was telling me that he spoke to "Sub Registerer" and he in-turn mentioned that this is quite a complex issue and may need to take advice from DR, etc. 

To shorten the process, the lawyer was suggesting that i close my home loan, get the documents released from the bank, cancel the existing sale deed and do a fresh one.

I am not in a sound financial position whereby i can pay the home loan and get the documents released now, nor do i have money to pay for fresh registration once again that may attract higher charges now due to revised guideline value.

Could the esteemed lawyers from this group provide me a solution for the same? I am ready to send the documents in private (if requested) for your reference and advice.

Looking forward to hear from you  !!


Thanks,
Ananth



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     25 April 2012

Try to Prepare a rectification deed with the help of seller and register it.

Gorimaa..B (Law Student)     25 April 2012

By a registered Deed of Rectification.

Ananth (Senior Analyst)     25 April 2012

Hello Sir, 

 

As mentioned to you in the PM, the lawyer whom i am checking with did speak to sub registerer and claims that the SR feels this is a complex thing and may need to seek advice from DR. Even the builder told me that SR may not accept for a rectification deed in this case and i may need to go for a fresh sale deed with changes.

Is there anyway i can approach the registerer and speak to him directly rather than going thru' these middle men?? 

Arvind Singh Chauhan (advocate)     25 April 2012

If Registrar is not ready to register rectification deed. Issue a legal notice to him under section 80 c.P.C and file suit for mandatory injunction to such effect.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register