Incorrect carpet area mentioned in index 2 of the agreement

Querist : Anonymous (Querist) 17 May 2021 This query is : Resolved
I am purchasing a resale 2bhk flat in pune. The carpet area mentioned on the index 2 of the registered agreement is '734 sqft i.e. 62.3 sqm'
Now this sqft to sqm conversion is incorrect. It should be 68.3 sqm

The actual area, blueprint, floor plan, schedule 2 and rest of the agreement has area mentioned in sqft only (734 sqft) which is correct

What area should be mentioned in the new sale deed between the me and the current seller?
Can I directly change the area in sqm in sale deed as 68.3?
Or can I mention the area in sqft only and remove the sqm part?

Or a rectification deed is necessary in this case?

Follow Query

Report Abuse

Quick Summary

A buyer is purchasing a resale flat and noticed an incorrect conversion from square feet to square meters for the carpet area in the registered agreement (Index 2). While the square footage is correct and consistent throughout other documents, the square meter conversion is wrong. The buyer is seeking advice on how to correctly state the carpet area in the new sale deed, questioning whether to change the sqm value, remove it, or if a rectification deed is necessary. Legal advice suggests obtaining a rectification deed from the seller to correct the arithmetical error in the registered document before proceeding with the new sale deed.

Sankaranarayanan (Expert) 18 May 2021
Better to show all relevant records to local lawyer and act accordingly

P. Venu (Expert) 18 May 2021
The discrepancy appears to be only an arithmetical error. You the option to get a rectification deed executed.

T. Kalaiselvan, Advocate (Expert) 18 May 2021
The carpet area mentioned as sq. meter in your registered sale deed is incorrect.
You may have to get it rectified by executing a registered rectification deed to rectify this error. You may have get the rectification deed executed by your vendor.
You cannot correct the schedule of property in the sale deed you now propose to execute in favor of the prospective buyer on your own or at your whims.
You have to reproduce the same schedule of property what has been found in your own registered sale deed, in the sale deed that you would be executing now.

kavksatyanarayana (Expert) 18 May 2021
Yes. Your seller shall obtain a Rectification deed from his seller. After rectification, you can purchase.

Dr J C Vashista (Expert) 20 May 2021
Get a rectification deed registered by the vendor, despite the fact it is an arithmetical error.

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding. .

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries