Legal Question in Real Estate Law in
I want to purchase a flat, which is actually 2000 sq.ft but the sale deed of the owner shows only 1500 sq.ft.The flat has been sold by the builder to the present owner from whom i am buying.I want to make a rectification deed to correct the area in the sale deed so that i could get loan on entire 2000 sq.ft.I wanted to understand the procedure for the same & who should be the parties to the rectification deed,meaning whom all do i need to co ordinate with..( builder or present owner or both)
2 Answers from Attorneys
once the flat already been sold, no rectification may be possible.
Oops! I am sorry. The rectification deed may be prepared on a Rs. 100/- stamp paper giving reference of the original sale deed and will certainly have to be executed by the parties to the Sale Deed that is the Builder and the Owner..The witness to rectification deed may be different than the sale deed but it would be good if you suggest the owner to take same witnesses.
You cannot be a party to it. Secondly, it is also important that if you purchase the property without the rectification deed, your purchase will be restricted to 1500 and not 2000, as the owner shall be deemed to be the owner of 1500 only and not 2000.
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