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Correction deed

(Querist) 27 May 2014 This query is : Resolved 
Dear sir,

I have purchased a flat in Jaipur,the registry is also done by the builder in favor of me, but the cheque through which payment was made (The cheque number mentioned in the registry) was bounced due to miss match of sign. So through different cheque i made the payment. now no payment is due. But the builder is not ready to sign the correction deed and saying us to leave the flat. i really need advice what to do

Thanks
KAMARAJ BHARATHY G (Expert) 27 May 2014
if there is any material alteration/mistake in respect of description of property or parties or documents in the sale deed, then you may ask the builder to execute rectification deed. \but,in the present case payment of money has been done through subsequent cheque and the same will be available information while verifying the statement of accounts of the concerned bank a/c. Hence, you need not insist the builder to execute rectification deed for the minor error. \however, you may obtain no due certificate from the builder.
Rajendra K Goyal (Expert) 28 May 2014
Take the receipt of money paid to the builder if he agree otherwise keep the Bank statement on record.
ajay sethi (Expert) 28 May 2014
it is not necessary to execute rectification deed . full payment has been realised by the builder
Sankaranarayanan (Expert) 28 May 2014
just get the receipt for the subsequent cheque paid.
malipeddi jaggarao (Expert) 28 May 2014
Get the receipt for the subsequent payment. The builder if he so desires, can make a mention that the payment now received is in lieu of the payment under Cheque No...mentioned in the Sale Deed and there are no dues from you. This is sufficient. At the same time, he cannot ask you to leave the flat for this simple request.
BAALASUBRAMANNYAMM (Expert) 28 May 2014
Jaggarao sir has replied suitably. Nothing more to be added. No need to go for a "Rectification Deed".
T. Kalaiselvan, Advocate Online (Expert) 31 May 2014
As properly advised by experts, there is no need for any rectification deed on this issue.


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