Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vino (software)     16 June 2010

Flat No has been wrongly registerd(typo error)how 2 solve?

We have a a flat of age 25 years old. Onyl now we identified that the flat number has been wrongly typed during the registration. Now to correct this mistake? for eg: instead of flat number 10, it has been typed as 14 whereas flat number 14 also exists in the same appartment.

 



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 7 Replies

V.G.Rao Advocate (Advocate)     16 June 2010

If ur vendor is still alive and available u can contact him and u can mutually on understanding with the consent of each other can register a rectification deed, or  in case if ur vendor refuses for the same, u have to file a suit for rectification of the principle sale deed U/sec 26 of Specific relief act by making ur vendor or his Legal representatives as parties.

V.G.Rao Advocate (Advocate)     16 June 2010

Further Date of limitation is to be looked in to before proceeding, according to my opinion in ur case the date of limitation starts to run from the date of Knowledge of mistake or error found.

Bharatkumar (ADVOCATE )     17 June 2010

U make a rectification deed.

vino (software)     17 June 2010

Thank you very much V.G.Rao and Bhart.

Only last month we identified this mistake(The person who was interested in purchasing this flat, found this issue and he denies to purchase this flat since he is affraid of the legal issues which might come during future reconstruction).

So far , for the past 25 years, all our property taxes , water taxes we have filed against flat number 10 only(note: in our sale deed flat number is mentioned as 14).

We discussed with the builder also to help us in correcting this issue. He denied. I am affraid to file a case sine in my view it will be time consuming and money consuming.

Other than rectification deed, is there any option to legaly correct this issue ?

Can not we mention during this resale agreement(future registration), something like (old number 14 and new number 10) ??

What kind of risks that you foresee in one person purchasing this flat?

Thankyou in advance in helping me out.

V.G.Rao Advocate (Advocate)     17 June 2010

Dear vino, U already stated in ur queiry that flat No.14 is existing, now u cannot say Like(old number 14 and new number 10) ?? etc., according to me u can issue a legal notice to ur vendor as well as to ur builder to come forward for executing the rectification deed, mentioning date when u noticed the said mistake, and before proceeding ur self any further legally, take a second opinion of any senior most advocate in ur locality.

V.G.Rao Advocate (Advocate)     17 June 2010

One mroe thing if both of u,i.e u and ur purchaser by taking risk and goes for registration of sale deed, in future ur purchaser may not get loans from nationalised banks by mortgaging the property documents, and may get problems in mutation of name in property tax departments, electricity depts and water departments.

vino (software)     18 June 2010

Thank you very much V G Rao for your swift response. The main problem is the duration.

The builder says you should have come within 3 months after registration. Now it is around 25 years. :(

I will try to explain our situation again with the builder and request him to help. Otherwise, like what you said, only way is meeting him in the court.

Let me try to fix this issue as smooth as possible.


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