wrong flat no in agreement
GAURAV KUNDER
(Querist) 11 June 2014
This query is : Resolved
my flat number is 202 but in agreement is 201, this mistake is since from first agreement ie between builder and 1st owner we are the 2nd owner, same mistake is continued 12 years before. Now to make rectification deed both the party is not available ie builder as well as 1st owner. We want to sell the flat as early as possible. Please tell me what to do. Please suggest fast procedure which will finished in 15 days
Guest
(Expert) 11 June 2014
You could file a Declaration Suit in court for Rectifications.With all the documents meet a Local Advocate.
Devajyoti Barman
(Expert) 11 June 2014
iF THE WRONG NUMBER IS NOT EFFECTING IN PROPER IDENTIFICATION OF THE FLAT THEN THE MISTAKE NEED NOT BE CORRECTED.
Rajendra K Goyal
(Expert) 12 June 2014
Consult a local lawyer and show him all the documents and find to what extent the rectification is necessary. Who is owner of flat 201 ?
If necessary, declaration suit need to be filed which may take 1-3 years in decision.
malipeddi jaggarao
(Expert) 12 June 2014
One really wonders how such a mistake is tolerated for 12 years.
Why you can not trace out the owner and the builder?
A proper rectification deed to be executed by the original executants is important.
Only if the above is not at all possible, other possibilities like filing a declaration suit etc., are to be looked into.
Sankaranarayanan
(Expert) 12 June 2014
i do stand with Sri Jaggarao's point of view
ajay sethi
(Expert) 12 June 2014
agree with experts
GAURAV KUNDER
(Querist) 12 June 2014
Sir builder & 1st owner is not traceable, I want sell my flat within 15 days with the agreement 202 because I have taken money from the purchaser and I have spent the half money to release the documents from bank. Now I don't have money to pay him back and he want flat within 15 days with all rectification made. Sir please suggest faster procedure.
GAURAV KUNDER
(Querist) 13 June 2014
Sir builder & 1st owner is not traceable, I want sell my flat within 15 days with the agreement 202 because I have taken money from the purchaser and I have spent the half money to release the documents from bank. Now I don't have money to pay him back and he want flat within 15 days with all rectification made. Sir please suggest faster procedure.
Raj Kumar Makkad
(Expert) 14 June 2014
The rectification is not possible within the short span of 15 days rather you need to obtain unlimited time for the registered sale-deed and handover him the property after getting full payment and agreement thereto.
As you cannot trace out the builder and the seller so better to file a civil suit for declaration which shall be sole solution to your problem and thereafter you can execute the registered sale deed in favour of buyer.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
I too agree with the apt suggestion made by expert Mr. Raj Kumar Makkad Sir on the subject issue. If the mistake had been allowed to prevail for over 12 years, it cannot be rectified within 15 days, the procedures meant for proper relief in this regard have to be observed duly, hence you may follow the suggestions made.
