tuteja (tech) 24 April 2012

How can i get changes done to a registered sale deed

Respected Sir/Madam,

Subject - Seeking information regarding making changes to area mentioned in the sale deed.

I have purchased an apartment in Jan'2012.

Recently - I got to know that the super built-up area mentioned in the sale deed is wrong.

The actual area is 1296 sqft, whereas the area mentioned in sale deed is 1297 sqft.

I would like to know -

#1. what is the process to have this corrected in the sale deed?

#2. what are my rights as a buyer, in case the seller refuses to payback the excess money paid to him?

#3. Since the property was purchased through a bank loan, the original sale deed is under the possession of the bank. How feasible it is to have the correction done, if the sale deed is with the bank. I feel uncomfortable with the thought of first closing the loan and then getting the correction done.

Please advice.

Kind Regards.

-T

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4 Replies

tuteja (tech) 24 April 2012

Kindly note a small typo in my earlier query -

the actual area is 1269 sqft, but it is mentioned as 1297 sqft in the sale deed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 April 2012

Dear Querist,

If seller concurs - recitifcation deed (registered) is the thing to go in for, if he does not, file a suit for rectification of contract u/s 26 of the Specific Relief Act, the court may order the document to be altered suitably so that it reflects the real intention of the parties (it may also do equity of getting the excess amount back in that case itself).

As regards the bank the court may always order drawing up of a fresh deed to replace the one with the bank.

Hope this helps !

Bharat

Advocate (Delhi)

koteshwar (Individual) 25 April 2012

Hi Bharat,

What to do if seller dies after registering sale deed, but we need to provide more clarity on heirship (from her husband) of seller?

Thank you.

Regards,

Kotesh

tuteja (tech) 25 April 2012

Hi Bharat, Thanks for the information. Also - could you please share how much does it cost to get the recitification deed done? Is it dependent of sq ft or some standard charges are applicable? Kind Regards, Anuj