Rectification Deed of property
Kannan
(Querist) 01 June 2010
This query is : Resolved
I had purchased an apartment on the thrid floor and another customer has purchased apartment on the second floor. When i had gone for registration of my third floor apartment the builder by mistake had registered the third floor apartment in another customers name. The builder adviced me register the second floor apartment in my name now and later on go for rectification deed for both of us.
I was left with no option but to register the second floor apartment in my name.
Now the builder has executed a rectification deed registered to the other customer indicating second floor apartment instead of already registered third floor without my signature in the deed of rectificaiton as i am the sole and first authority of the second floor apartment.
Now the builder is insisting me to go for registering the rectificaiton deed to get the third floor apartment instead of seocond floor already registered in my name.
My question is:
Is such rectificaiton deed leagally valid when executed without the first registered party of the apartment while executing the rectification deed?
Should i have to pay registration fee once again?
Kannan, Bangalore
niranjan
(Expert) 01 June 2010
Both rectification deeds should have been done simultaneously with the consent of both. Since this rectification deed is without consent,it cannot be enforced against you.
B K Raghavendra Rao
(Expert) 02 June 2010
Unilaterally you cannot make a rectification deed without the consent and signature of the seller. As the property is different, you need to pay stamp duty and registration once again. You should ensure that the other apartment owner also does likewise failing which your deed becomes invalid.
Kannan
(Querist) 02 June 2010
Thank you Mr. Niranjan, Mr. Aravinthan & Mr. B. K. Raghavendra Rao for your timely reply.
Sir,
my question to you is:
1. Now that i have not gone for rectificaiton deed as insisted by my builder and i am the first owner of the second floor flat. The other customer has gone for rectification deed from his third floor flat to my second floor flat wihout my signature in his rectificaiton deed.
So is my original absolute sale deed on second floor flat still valid or not?
2. Can i sue the builder for his misdeed?
Kannan, Bangalore.
adv. rajeev ( rajoo )
(Expert) 02 June 2010
