Only carpet area in index 2

Ashok (Querist) 14 October 2022 This query is : Resolved
dry balcony,terrace and enclosed balcony not mentioned in index 2 but in agreement complete area detials in given about each. I am buying this flat on resale. The original agreement is betten builder and seller. My lawyer is suggesting correction deed to include dry balcony, enclosed balcony and terrace in index 2. Seller is denying saying it is mentioned in detail in agreement.

What legal remedies i have except forefit of transaction?

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A buyer is concerned that their resale flat's Index 2 doesn't include the dry balcony, terrace, and enclosed balcony, despite these areas being detailed in the original agreement. Their lawyer suggested a correction deed, but the seller refuses. The advice given is that this is likely a data entry error by the Sub Registrar's office, not the seller's fault. The recommended solution is to apply to the Sub Registrar for a correction to Index 2, involving the District Registrar, which may take about two weeks.

kavksatyanarayana (Expert) 14 October 2022
Yes. It is not a mistake of the seller. The staff of the Sub Registrar office while entering the details it is wrongly fed in e-index or noted in index2. So you have to put an application to the Sub Registrar concerned requesting him to correct the index-2 while enclosing a copy of the document by making a copy to the District Registrar concerned. The sub-registrar shall submit it to the DR with his remarks, it will take a fortnight at least.

Ashok (Querist) 15 October 2022
Thank you for replying.

1) For updating the index2 by this method do we need both seller and builder like a correction deed or can seller get it done himself?

2) if this is just a typing mistake can i have this corrected while making my agreement with seller? The new index 2 of my agreement can mention complete details or it required to be exactly same as sellers?

kavksatyanarayana (Expert) 15 October 2022
No, what I previously said, follow, please.

Dr J C Vashista (Expert) 16 October 2022
Very well explained and advised by expert Mr. Kavksatyanarayana ji, I fully agree and appreciate.

Ashok (Querist) 16 October 2022
Ok thank you sir. I will check with my layer on your suggestion.

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