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MEHUL SHAH (CAPTAIN)     20 March 2013

Selling of resale flat

Dear sir,

I had purchased a resale property(2 BHK) from person MR.V in march 2007 in pune. now i want to sell it. When i submitted my papers to a buyer for further loan requirement that the buyer had. His bank has pointed out mistakes in the sale agreemnt.

a)Unfortunately i have misplaced the first deed which was between the builder and MR.V.Now after consulting a lawyer i made an FIR in local police stn,gave the notice in newspaper for 8 days and got a duplicate copy from sub-registrar office.

b)Survey no. of property in Schedule 1 is written wrong.(Which was cancelled by pen and corrected at the time of registration in 2007, and signed by me and MR.V).

c)Index 2 of the property also has the same mistake, but has not been corrected. The index 2 between the builder and MR.V is correct, but my lawyer has made mistake while preparing papers during my deal. So the Index 2 between me and MR.V has wrong survey no.

Now the seller MR.V has shifted to U.S and may not be in a position to provide any help to me,since he is busy in his work. Kindly advise what i need to do to solve these probs and make my property clear.



 1 Replies

Advocate Rohit (Advocate)     20 March 2013

since the seller is in USA therefore you cannot execute rectification deed duly registered. you may give an indemnity bond to the buyer and undertaking for any claim incase of improper documents.

Thats how bank would be in a position to sanction loan against the flat.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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