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Vijay (Consultant)     31 August 2012

Rectification deed

 

Hi,

 

I register a apartment on Sep-2011 for 25L in sale deed. They I registered a rectification deed to mention the value as 35L. 

 

In sale agreement they mentioned the parking area separately. But in sale deed its mentioned as buildup area and including common area. Parking area is not mentioned specifically. Is it possible to do another rectification deed to include the wordings as '1400 sqft buildup area including common area and reserved car parking abt 100 sqft'.

 

Thanks,

Vijay



Learning

 7 Replies

ahmed (document writer)     31 August 2012

dear vijay

             Rectification deed is for rectifying the errors not for include or exclude any thing from the deed better you execute a fresh deed for parking area seprately by refering the Sale Deed of your aprartment.

Vijay (Consultant)     31 August 2012

Hi Ahmed,

Thanks for the reply. 

Do you mean i need to register a seperate sale deed based on teh sale agreement ? Moreover this is a silt parking.

Thanks,

Vijay Chendhuran T.

JT Rajasuriya, Chennai (Advocate 98410 53790)     01 September 2012

Pls follow Mr.Ahmed's suggestion

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     03 September 2012

Dear Vijay,

As per the Apartments Act, the parking area and common areas are not alienable specifically. However, since the builder failed to specifically mention the area of the parking lot number in the Stilt Floor, the same may be included by way of Rectification Deed. However, there shall not be any change in sale price or area mentioned in the schedule of property.

Vijay (Consultant)     03 September 2012

Hi Narasimha Rao,

Thanks a lot for your reply.

Let me ask the builders to prepare a rectification deed to mention the parking area. As you said there is no change in buildup area or cost.

1 more query. I have a sale deed and then we did a rectification deed to change the registraion value and paid tax.

In the next rectification deed to ass silt parking do i need to refer both sale beed number and first rectification deed number?

Can i have any sample rectification deed to add the silt parking? So that i can make sure the deed from builders in correct format.

Thanks,

Vijay

 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     03 September 2012

Dear Vijay,

Yes, you are required to mention the past registered Sale Deed as well as rectification Deed in the document to be executed by you both.

Vijay (Consultant)     03 September 2012

 

Hi Narasimha Rao,

 

Thanks a lot for the confirmation.

 

Can i have any sample rectification deed to add the silt parking? So that i can make sure the deed from builders in correct format.

 

Thanks,

Vijay


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