Pintu Das 25 October 2019

Rectification of registered sale agreement

Dear sir, I would like inform you that, I have booked a flat in 2nd floor based on that Agreement of Sale was registered after full stamp duty paid. Later on after mutual understanding with Developer I have decided to take 1st floor instead of 2nd floor same area and same consideration, there is no changes in value and area too, but now at the time execution of Deed, Deputy Register and Register both are not agreed, they are telling me Registered Sale Agreement can't be rectify you need to cancel the agreement, but if I cancel the agreement neither I'll get refund nor it will adjust with new Sale Agreement, moreover I have booked this flat through Bank Loan. So please suggest/advise if there is any verdict from Supreme Court or any legal possibility for rectification in this regards.

Reply Follow

2 Replies

Sb Karma 25 October 2019

Hello Pintu Das

You need to made new agreement alongwith old one,with new clause and terms ,where you mention of change of floor,then go for sale deed.

Before this you need to consult with your bank,because they may have some different terms and condition(diff. banks have diff. rules).

If bank allowed then go for new deed with inclusion of older one.But don't forget to get NOC from Bank in written(because they may create difficult later) so take NOC in proper application.

Hope it will clear your doubt lit'l bit.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 October 2019

1. A Rectification Deed can be executed, with relevant clauses and a certificate from the builder explaining the inadvertent error in mentioning the flat no. and the floor no. Annex the original agreement and thenthe rectification deed can be executed and registered, with basic stamp duty and registration fees. There is no legal need to cancel the original agreement, IF all the parties are same and all criteria are the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com