I bought a builder flat in Gurgaon in 2013 from the 1st buyer (not directly from the builder) while the flat was under construction. The 1st buyer bought it from the builder for around 40L and we bought it from him for around 70L. The overheads were paid by us to the builder directly at the time of handover. Problem is that when the flat got registered, the house amount was mentioned as 40L on the registration documents while the registry amount (4.46L) was taken from us in accordance to 70L. Unfortunately, it was not until recently that we realized this. We have paid 70L for the flat and the corresponding registry fee, so the house worth needs to be corrected to 70L. We have all the receipts and related agreements/documents. We even have home loan of 56L for this flat (which could not have been possible for 40L flat). Could you please advise us how to proceed for this rectification.
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deed of rectification has to be executed to mention sale consideration paid by you
2) it has to be duly stamped and registered
3) in your query you have stated that full consideration of Rs 70 lakhs has not been mentioned in sale deed and requested us to clarify how it can be corrected to reflect actual consideration paid of Rs 70 lakhs
4) if you want the sum of Rs 70 lakhs to be reflected in sale deed then deed of rectification has to be executed to rectify the errors in the sale deed
Hi
1) You can correct the mistake by executing a rectification deed (a rectification deed is a supplementary to sale deed where in rectify the mistake made in sale deed)
2) In the rectification deed, the buyer and seller should specifically mention that the actual sale consideration is 70 Lakhs and hence the rectification.
3) Since you have already paid the registration and stamp duty for 70 lakhs, no additional stamp duty is required.
4) However you might need to pay about 3000 for registration of rectification deed.
5) Both buyer and seller should compulsorily sign and register the rectification deed at Sub-Registrar office.
6) Subsequent to the execution of rectification deed, the rectification deed will become part and parcel of sale deed and both documents have to be presented together for any future transactions.
Hope this information is useful.
You can contact the builder and ask him to execute a registered rectification deed to the existing registered sale deed in which the sale consideration amount be rectified.
If the builder refuses to oral request, you may send a legal notice advising him to execute the same immediately.
You can plan to sue him after that as per provisions of law if he still is not inclined to abide by your request or demand.
1. @ T Kalaiselvan: As I bought the flat in resale during construction, so the actual amount of the flat was not entirely paid to the builder, although the registration was done with builder and us. So in this case: 1a. would the builder be liable to respond to my request? 1b. would there be any kind of involvement of 1st buyer in this? 2. Do I need to hire a lawyer for the deed formatting and the related execution process? 2a. If yes, could you please advice me of the ballpark figure for lawyer expenses. 2b. If no, kindly point me towards the links where I can get the appropriate format of rectification deed and the requirement of adjoining documents. Thanks a lot for your help.
You need to engage a lawyer for drafting deed of rectification
2) legal fees depend upon lawyer engaged by you
3) drafting depends upon facts of each case
4) you should not go by ready made formats
5) builder is bound to accede to your request for execution of rectification deed
Whether the entire sale consideration amount has been paid or not, if the details entered in the registered sale deed is incorrect then the correct details have to be incorporated by way of a registered rectification deed.
The builder, if not responding even to the legal notice, can be dragged to civil court with a suit seeking direction for executing the rectification deed by rectifying the necessary details or else to seek the help of court to register the rectification deed at his cost.
The first buyer may also be added as a party to the suit even if there is no relief sought against him.
If you can get the deed drafted through a document writeer, you can go ahead with the assistance of a lawyer.
If you need lawyer's guidance then it may be on his terms which cannot be predicted by another lawyer.