Dear Experts - Need your advice
We are housing society in Mumbai.
In year 2010, our society went for redevelopment of the building and executed Development Agreement, Power of Agreement with the selected developer. A tri-party agreement was also executed between developer, society and individual members.
At the time of registration plan 1 was shown to us and same was part of all the agreements. In year 2011 due to changes in rules, plan 1 was rejected by authority and developer submitted plan 2.
There are substantial changes in plan 1 and plan 2. Like layout of floor has changed, floor level of members has changed, number of flats on floor has changed, provision for parking was changed. Please note area of flats are unchanged.
My question-
How can we incorporate changes in registered documents, i.e Development Agreement, Power of Agreement and tri-party agreement executed between developer, society and individual members?
I read on this forum that a rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. In our case along with factual errors there are huge changes?
What should we do? And what procedure you experts suggestions?
Please help.
Thanking you,
Bhvaesh Desai
Mumbai
