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Jaykumar S (SE)     06 November 2012

Do i need rectification deed

I bought a falt from an owner which included 650 sq feet of open terrace and its reflected in sale deed in various places like (property descripttion, schedule of the property etc) however when the property is evaluated by the officer from registration dept. he filled annexure 1A(which is a part of the sale deed)form with 650 as common area, 

Does this mean that 650 sqft which is in my name (duly refelcted at various points in sale deed) is now a common area ? I am worried since if and when the whole buidling is redeveloped or if iam reselling i should not be a in a postion where ppl say 650 is a common area.

What should i do ?

 



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 5 Replies

surjit singh (Assistant)     11 November 2012

If there is a ommisison in the sale deed it will be wise to go for a rectificaton deed immediatley to as to avoid complication in future. Rectify the defect at the first instance.

1 Like

HEMANT DANDEKAR (ASSTT. MANAGER)     11 November 2012

Sir,

This is not a reply, but a further querry in continuation.

What is the procedure for Rectification Deed

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     11 November 2012

Generally flat consist of living area and common area both has been calculated total area of the flat (including common Area ) land is only undivided share so area mentioned in the document is living space Plus common area please verify it with your buildor.or verify the Construction Agreement.

surjit singh (Assistant)     14 November 2012

Mr Dandekar the procedure of rectification is deed is very simple, you have to execute another deed which will be title as rectification deed  be made before the same sub-registrar before whom the original deed was executed. In the rectification deed you will have to mention the details of the original deed, saying that in that particular deed at such and such paragraph there was a ommission or error due to oversignt or typographical error which should be read as so and so, which shall be presumed to be corrected by the execution of this rectification deed.

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

The 650 Sq ft is mentioned as open terrace is nothing but a common area, so common area is common to all the occupants of the flats in the building and cannot be claimed as an exclusive property of a particular flat owner.  Rectification deed is not necessary for this as there is no mistake or omission n the original sale deed.


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