Hari 14 May 2017

Declaration of deed

I'm planning to buy a resale flat and found a suitable TNHB property in KK Nagar chennai. Actually Flat is located at second floor and where as in the parent document (TNHB to First owner) cleary specifies flat is in GROUND FLOOR and where as the door number bearing S2 - Stands forSecond Floor Door 2. Now the property is owned by THIRD OWNER. Only from the THIRD owner I'm planning to buy the Flat. When I raised this query on the GROUND FLOOR issue, THIRD OWNER registered a self "DECLARATION DEED" stating that his property is in SECOND FLOOR and bearing the door number S2.

1.Can't we rectify the mistake in the parent document from GROUND FLOOR to SECOND FLOOR.

2. Can we buy the property since they have registered a "DECLARATION DEED" and what is the legal value of declartion deed.

Thanks

Hari

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3 Replies

Kishor Mehta (CEO) 14 May 2017

Sir, The descripttion and specification of the flat should tally with the physical location. Rectification to the original document can be applied for by the signatories only. Declaration of a third party can not override the descripttion and specification of the original registered document. It will be in the best of your interests to consult a local advocate. Good luck, Kishor Mehta

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Advocate Ravinder (Advocate/Attorney) 14 May 2017

I Agree with the above expert. Tally the boundaries (Flat Boundaries not Apartment boundaries) by yourself with the boundaries mentioned in the sale deed of 3rd owner. If you have already purchased and sale deed executed in your favour, then go to the sub registrar Office to make rectification deed. Both the 3rd owner and you should be present.

If you have not yet purchased and sale deed not executed in your favour, now draft the sale deed so that the correct boundaries, flat No., extent etc should be mentioned.

Rectification deed is better than self declaration.

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Hari 14 May 2017

Thanks Metha & Kishore Sir !!! I'll check the Flat boundaries and update you.

Thanks
Hari