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Prashanth (Manager)     20 July 2011

Making chnages in registered Sale agreement

Sir,

Some six months back I have registerd a sale agreement by paying 0.25% stamp duty for the purchase of Villa in  Bangalore. Now due to some reason we (myself and Developer) want to change the location of Villa in the layout. This will change the Villa no. and also the property schedule (east/west/north /south), the rest of the villa specifications and payment schedule etc. remains same.   Bank has also released the first loan installment, Developer has said he will give a seperate letter to bank for this change. But, now my question is how do I make this changes in the registered sale agreement? Will there be any financial obligations?

Regards,

Prashanth



Learning

 8 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     20 July 2011

There is a procedure known as 'rectification deed' where you may register a deed of rectification mentioning of minor changes in your original agreement which will be a valid document read along with your original agreement. Most of the Buiders are aware of this procedure, even in your case, your builder or his lawyer can help you.

Swaroop Godbole (advocate)     21 July 2011

i agree with Mr. K.P.Boda

nithyarangasamy (legal trainee)     23 July 2011

S. both ar right. u have made rectification deed but abt financial obligations if it is minor change means no stamp duty otherwise u have to make stampduty

pradeep (na)     26 July 2011

I also have a similar problem for sale deed of a plot. The plot had earlier a different number and with the same number it is registered in my name. With the revised numbering system of the layout its number and adjacent plot numbers (in east, west & south) changed which specifies the location. Developer issued a letter for this change and asked me get it rectified in sale deed. When I contacted Resistrar office, they say rectification is possible for only one change with a nominal fee. But here four numbers are to be changed so, there is no other option to pay full registration amount which runs in to lakhs of rupees. Kindly advise if there is any way out.

Mahadeva Rao G (ADVOCATE)     28 July 2011

Dear Mr. prashanth,

U cannot  rectifty  the  registered sale  agreement  in  case of  the  different  property  even though it  is  nearby or  short  distance  etc.     The  rectification  can  be  done  only  in case  of  the  same  property, same  schedule  in case of   mis spelt name,  or  surname  is  not  added  or  if  there is any  change in  Cheque number  etc.   or  even  the  plot  number is  misrepresented  or   the  schedules  are  interchanged  etc.,       In  your  case  the  property  is  entirely  different   with  different  schedule  and   different  plot number.    The Right  thing  is  get  a  new sale  agreement  executed  and  registered  as  per  the  new  Villa Number  and  Schedules  with  the  terms  may  be  same  cut and paste.    Dont  bother  about  the  small  amount to be  paid  as  stamp  duty  forego  the old  stamp duty and    buy  u r future  peace of  mind.    Because  most  of  the  civil suits  are  results  on  such   short cuts  wherein  the  other  party takes  advantages  and  takes  innocent buyers  for  a real  ride.   

For  any more  clarification u can revert  back  to me  with  full  details  on sohan1912@rediffmail.com  or  on 9845285555  at Bangalore.

Good Luck and  Warm Regards.

Mahadeva  Rao  G,  ADVOCATE,   9845285555,   BANGALORE.

Neetish (Manager - Operational Risk)     22 August 2011

Hi all,

I have a similar problem listed below and request help.

  • I have taken a housing loan from HDFC for purchasing a flat in Kolkata.
  • I have registered the sale of agreement for my flat measuring 961 sq.ft. and have paid the full stamp duty (6%) at that time.
  • A private terrace in the flat as per the approved sanction plan from municipal corporation was to be build. however the builder now says that they have not build the terrace as the terrace would eat up some space. The new area as per the actual built is 985 sq.ft.
  • I have been asked to pay the difference of 24 sq.ft. along with the the final tranche of payment which would only be released by HDFC.
  • HDFC are already in possession of the registered agreement for sale as security.

My queries are:

  • What are the documents required from the builder/his lawyer to support the fact that the new area is now 985 sq.ft?
  • What changes would be required to be made to the Registered Agreement for Sale?
  • Would it have any impact on the registration of Deed of Conveyance and Stamp duty?
  • Would HDFC oppose to the change in area of the flat considering that they are already in possession of Regaisterd Agreement for Sale?

Neetish Khandelia, PH: 9836073330

Neetish (Manager - Operational Risk)     22 August 2011

My email id is neetish_khandelia@hotmail.com

Kanaksinh P.Boda (Educationist/Lawyer)     23 August 2011

It is better if you approach HDFC for their stand in the matter. The procedure of 'rectification deed' will apply in this matter  and ofcourse, revised stamp duty(difference) will have to be paid. You will not need any document, accept a revised plan and revised cost of flat letter from the Builder.


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