Incorrect carpet area mentioned in index 2 of the agreement

This query is : Resolved 

Querist : Anonymous (Querist)
17 May 2021

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?

Sankaranarayanan Online (Expert)
18 May 2021

Better to show all relevant records to local lawyer and act accordingly

P. Venu Online (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 Online (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.

kavksatyanarayanaOnline (Expert)
18 May 2021

Yes. Your seller shall obtain a Rectification deed from his seller. After rectification, you can purchase.

Dr J C VashistaOnline (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. .

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