I purchased an apartment in Coimbatore in July 2008. I am trying to sell it off now. The prospective buyer consulted his legal department and they found an issue with the floor number. The apartment is on the third floor, but based on the Builders agreement, the flat is in the second floor (stilt is parking and hence 1st floor is considered ground, 2nd floor is considered first and so on). I had executed the Rectification deed last month to fix the error in my Sale Deed (changed Third Floor to Second Floor which is the correct floor number).
Now, the legal has yet again found a couple more issues in the sale deed (which has now been carried over to the rectification deed as well) -
1. The previous owner had bought the property on 11-Oct-2006 using document no: 7465. When my sale deed was executed, the document no keyed in on the second page of my deed is 1465 (first digit is incorrect).
2. The EB connection no also has a wrong digit.
I am frustrated that neither did I nor the document writer nor the legal (from a recent prospective buyer) were able to spot this error out. What can be done in this regard?
Now, after having executed the rectification deed (to fix the floor number), I am left with TWO documents bearing incorrect numbers on them. I had pulled out the encumbrance certificate based on my sale deed number and I see that it had the correct document no that matches with the ex-owner's sale deed.
Now the seller from whom I purchased is not responding to my calls. The legal advisors (of the new purchaser) are demanding that the rectification deed be done before they could give clearance for the sale.
Q.1. What can be done to fix the problem, in such a case?
Q.2. Can any lawyers/court do something in this regard? How much will it take and the approximate cost?
Q.3. If my prospective buyer agrees to go through with the sale, can we make the correction in the new sale deed we would execute? What would be the implications?
Q.4. If the prospective buyer agrees to go through with the sale, can we make the correction in the new sale deed we would execute and then at a later date, execute the rectification deed to correct the mistake on my current sale deed? What would be the implications?
I appreciate your response. Thanks for your time and feedback. I can attach documents if required.
