1) you should inform the bank about mistake
2) builder would be reluctant to change the flat number
3)builder can execute deed of rectification to rectify the mistake in flat number
Flat no rectification
Sir, My loan has been sanctioned. EMI will be deducting from this month only i.e dec 2016. According to the promoter my flat no is B.. But valuation reporter told me that that according to Site Plan the Flat no is A and he made valuation report on Flat A. I also as agreed as he is experienced. I forgot to make rectification in Agreement for sale i.e from Flat no B to Flat no A. I submitted searching and valuation report to bank in which it was written as Flat no A and Agreement sale as Flat no B to bank and while applying for loan I had written Flat no A in application form also. Bank has done one more searching and valuation of same Flat but didn't shown any objection that the Flat No differs in Agreement of Sale and other documents. Now bank has sanction loan for Flat no A. and promotor is saying now that Flat no is B1. Earlier while making agreement he had told me Flat no B. Now from promotor side it became from B to B1 and bank has made all the documents as Flat no A as valuation report, searching report and my application. What should I do now?? Should I inform the bank about the mistake or should I say promoter to change the flat number?? Or should i go for registration as Flat A and later can I go for rectification deed? If I do so what problem can I face?
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Dear Concerned,
This kind of change will create issues if yu try to sell this house any time i your life, specially before the loan is settled . Hence Please take the updated agreement to sell from the Promoter and also in written request to bank ask the bank to update the records .....of the loan agreement and the documents in possession of the bank.
This will save you from any future issues. Do not go for registration of the FLAT which do no exsist i.e the FLAT A as the flat you own is Flat B1.
Best of Luck
If there is no dispute regarding location of the fat and its description then it is typing mistake.
I hope the area of both flats are same.
If that is so then you can execute deed of rectification.
It appears the sale deed is not executed as yet.
if so then you can correct this mistake in sale deed itself.
1. Ask the promoter to change the flat no. and mark the flats as mentioned in the sanctioned plan.
2. There is no apparent reason for his not agreeing to do so.
3. As per the sanctioned plan, your flat no. should be A and not B as has been mentioned in your agreement for sale.
4. However, if the promoter is not in a position to mark the flats as per sanctioned plan, then he should execute an affidavit affirming that the flat no.A mentioned in the sanctioned plan has been changed to flat No.B1 and both flat no. A and B1 are the same flat.
5. Submit the said affidavit to the Bank with a request to incorporate necessary change of flat No. in their loan documents.
If the sale deed has not been executed yet then the accurate description of the flat can be added in the sale deed itself without executing the rectification deed. Any flaw in the description of the property can invite clouds of title defect, so better incorporate the correct description in the sale deed and also inform the bank through a legal notice,
The original sale agreement for which you opted will remain good.
The builder or you cannot change the flat or the number of the flat arbitrarily.
The registered sale agreement is for one property hence you cannot buy another property without canceling the original sale agreeent or executing a rectification to this effect.
The bank loan is different to that of owning the property.
You may discuss with your lawyer and get the same rectified at once or else it will be too late and tedious for getting it rectified at a later stage.
