Gaurav M 11 August 2021

Proportionate common area mismatch

Hi, We recently bought a flat in an apartment. Here, private terrace is considered as common area and hence, taken as 0.5 share while calculating proportionate common area (PCA). Our sale deed's PCA is lower as it above terrace share has not been added. Since PCA was not part of sale agreement, it could not be crosschecked. Mistake was known when deed of declaration (DoD) was seen containing area numbers of all flats. UDS/Capert/SBA/Buliltup area all proper. QQ1) Builder is now rectifying DoD to incorrect lesser value to match Sale deed. Is this legally correct ? Wont one flat get singled out as having lesser PCA ? QQ2) Can we rectify this in sale deed itself. If yes, does this imply new transaction due to area change or can it be explained as factual mistake in calculation ?

Read more at: https://www.lawyersclubindia.com/forum/declaration-deed-vs-rectification-deed-96030.asp#

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Quick Summary

A flat owner has discovered a discrepancy in their flat's Proportionate Common Area (PCA) calculation, where their private terrace was incorrectly included as a common area. The builder is now proposing to rectify the Deed of Declaration to match the sale deed, which has a lower PCA. The owner is seeking advice on the legality of this rectification, potential impact on their rights, and whether the sale deed can be amended. The issue is considered technical and unlikely to affect property rights, with a rectification deed being filed.

4 Replies

Dr J C Vashista (Advocate) 12 August 2021

Agreement to sell and sale deed has to be perused and appreciated by a local prudent lawyer for analyses, forming proper opinion and advise.

G.L.N. Prasad (Retired employee.) 12 August 2021

Is it going to be a concern to you at this point of time? Is it not a problem for all flat owners ? Discuss the issue in a society meetings and engage a competent advocate to sort out the issue.

P. Venu (Advocate) 12 August 2021

The error is purely technical. It will not, in my understanding, make any difference as regards to your rights in the property.

Gaurav M 03 October 2021

Update on the issue ;

The builder will file rectification deed and the draft has been sent to us. Since, salable area remains same, it should not attract any additional tax/duty,etc. Is there anything that we need to watchout here ? What if register rejects rectification ?