• Sale deed query

Dear Lawyers,

I am going to register the absolute sale deed on Monday i.e on 23rd July in Bangalore. The sale deed draft is ready and it was signed by the MD of the builder but he has given the SPA power of attorney to Mr. Abc, the spl power of attorney only can execute the sale deed in sub register office but he cannot sign the sale deed. 

Now the MD has already signed the sale deed yesterday. In sale deed everything seems to be OK except one error. Under schedule C property there is a line like so and so property is "situated on the second floor of block-5, 2 BHK, B wing, in the apartment complex called (Builders name)...

My questions :

1). There are is one paragraph in page 4 of sale deed , describing the apartment i.e this flat no, E khata no, floor no, B wing etc, but 2 BHK alone is missing. The same clause repeated under Schedule C where 2 Bhk is mentioned. Is it OK? Is it mandatory the 2 BHK must mention in page 4 of the sale deed as well? Anything problem?
 
2) Builder mentioned 2 BHK, but it must be 2 bedroom apartment right? Wheather '2 BHK' word is legal in sale deed in Karnataka? 

3). "situated on the second floor of block-5, 2 BHK, B wing, in the apartment complex called'.. Anything wrong in this line? 

4). Under Schedule A both the survey nos are mentioned but in schedule C there is no survey number. Is it normal procedure? 

Developer's MD is unavailable at the moment if we need to do any modification in sale deed as he is the authorized signatory but I want this registration to happen on Monday as I will be out of town from Tuesday for 2 months? Shall I proceed with sale deed registration? Plz help.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

It is ok as in schedule of sale deed 2BHK is mentioned

2) 2BHK means 2 bedroom hall kitchen

3) you can proceed with sale deed registration

4) there is nothing wrong with line quoted by you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Ni if the area is written in deed then there is no requirement to mention 2bhk again at every paragraph. It is perfectly alright

2. Sir 2bhk is just conotation in sale deed carpet area should be mentioned. So there is no issue in that.

3. No this is ok. Just check area and flat number wing are properly mentioned. Also the khata ans survey number of plots.on which building is constructed.

4. If mentioned in schedule A the repeation is not required.

Yes sir if.that is only query and rest everything is good in sale deed it is perfectly fine to proceed with the sale deed and register same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. By the builder the borrower of the financial institution.

2. Builder as he has taken loan on said properties.

3.yes the mitation has to be done on your name and lien shall be removed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) borrower has to deposit sale proceeds in escrow accounts after receipt of funds from you .

2) lender will sue builder to recover the money if builder fails to deposit sale proceeds

3)lender will also sue you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

After the amount is appropriated to IHFL only then the lien will be removed, once done, nobody can catch you.

Also there is nothing wrong in mentioning 2 BHK without elaborating it. Survey Numbers will only be written in the A schedule property and not in B and C schedule property.

Correction is not necessary. The SPA Holder is authorized only to present the document for registration and complete other registration formalities on behalf of the M.D, and not sign the deed of sale on his behalf. This is quite a common practice.

Please proceed.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. If you feel that this omission would cause any problem in future, you may ask the builder to rectify the same before hand i.e., before getting it registered.

2. It is universal abbreviation , 2 BHK is a clear indication of what type of flat are you going to buy. It is acceptable in Karnataka also.

3. It is how you view it, there is nothing wrong in mentioning this way also.

4. Schedule C will be your particular flat's description, hence survey number may not be written since C schedule is pursuant to A and B schedule

You can decide about it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

. Yes the amount should be deposited in the escrow account of the builder.

2. You are the person who has to repay hence you only have to deposit.

3. Yes.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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