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Sudharsan (dm)     24 August 2013

Query on rectification of sale deed

i purchased a flat in chennai from builder on feb 2010. construction agreement and UDS sale agreement was prepared with wrong village address. Also sale deed was wrongly registered with wrong address and land boundaries. builder identified this issue one year later and rectified in the sale deed. now, my documents are not reflecting the correct boundaries and village name.

i have sold this property last month and the purchaser has brought me this topic which he identified during the document verification process . I have prepared the documents for sale as per the rectification deed of the builder and the current possession holder is having correct address and boundaries on the documents.

Below are my queries..

1. After selling this property with correct boundaries and address, do i need to insist for correction in my old documents like sale deed, construction agreement, uds sale agreement etc

2. is this coming under builder responsibility?

3. Even in rectification documents also inconsistency is there in terms of boundaries with the history and schedule. Do i need to insist for changes in the history( schedule is correct).

pls give your valuable answer accordingly to proceed.



Learning

 3 Replies

Advocate Vishnu (Advocate)     24 August 2013

1. No. Once you have sold the property, it the responsibility of the buyer to seek proper rectification of the deeds. you can co-operate with him, if he requests you to make the rectification deed.

2. No

3. If the buyer insists, you can help him. Otherwise I do not forsee any kind of legal problems.

Sudharsan (dm)     24 August 2013

Dear Sir,

As per the sale deed condition, the vendor should ensure that the property is free from all encumbarances. the purchaser  demands that the boundaries and address to be corrected in the sale deed signed by me with builder to have a correct link of documents. pls suggest that i should entertain this or it doesnt required in this case.

 

regards

sudharsan

Advocate Vishnu (Advocate)     24 August 2013

yes,you must then go by the sale deed and seek proper rectification from the builder. 


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