Correction deed
Shivkant Singhal
(Querist) 04 November 2014
This query is : Resolved
I had purchased a commercial property in Bahadurgarh in Haryana. All documentation, payments, sales deed and registry happened as unit no 9.
On the other side, builder when launched the project, developed 12 shops and provide the serial number to each shop as 1 to 12. Due to some reasons, builder collapsed shop no 1 & 2 and remain the serial number for other shops (3 to 12) as it is. Shop owners of unit number 1 & 2 were compensated by builder separately.
After 18 months of the registry, builders is asking for correction deed and change the shop no from unit 9 to unit 7. Builder is giving fresh number to all remaining 10 shops from 1 to 10. Which means every shop will be given new unit number which is less than 2 as original unit number. Means shop number 3 will be know as 1 and shop number 12 will be known as shop 10 and like so.
Builder is bearing all the legal charges in this regards and said this is normal practice in property cases.
I have two queries now:
(A) Is there any harm if correction deed happened because all previous communications and documentations happened in the name of unit no 9 ?
(B) If this is normal case, What precautions I should take and what are all documents I should ask the builder to give me in support of this correction deed so that I should not have any problem in future while sale/ purchase and renting agreement with any private and government agency.
Please note that builder is terming this as "Typographical" error in correction deed
Thanks
Devajyoti Barman
(Expert) 05 November 2014
If the area of the shop is not decreasing then oyu have nothing to worry. jUST FOCUS ON THIS ASPECT ONLY and check the correction ded scrutinised by a local lawyer.
Shivkant Singhal
(Querist) 05 November 2014
Thank You Sh Barman for advice. Yes! As per draft of correction deed, physical location and size of the unit remain same. Thank You once again. Best Regards
malipeddi jaggarao
(Expert) 06 November 2014
In other words, it is in your own interest as the builder is correcting the serial number at his cost. Do not entertain doubts when it is not necessary.
Shivkant Singhal
(Querist) 06 November 2014
To: Sh Malipeddi Jaggarao
Thank a lot for your advice. This gives me confidence to go ahead with correction deed. Just your few words on if I should ask builder to get me any NoC kind of document etc. to keep away future parties (if any) from any possible doubt?
Thanks to encourage me
Best Wishes: Shivkant Singhal
malipeddi jaggarao
(Expert) 07 November 2014
No NOC is required. NOC from whom? No need to entertain any doubts and the proposal of correction deed is beneficial to you. Go ahead with it.
Shivkant Singhal
(Querist) 07 November 2014
To: Sh Malipeddi Jaggarao
Thanks a lot. I am very thankful to expert panel of www.lawyersclubindia.com for their services. I shall close this now. Thank you once again.
Best Wishes, Shivkant Singhal
T. Kalaiselvan, Advocate
(Expert) 07 November 2014
The experts have given proper opinion to your query and you are welcome for your appreciations.
