• Apartment name different in my sale deed compared to others

Hello Advocates,
Need your advise, please help me out, thanks in advance
I purchased a flat in an apartment consisting of 8 flats. There are 2 builders for this apartment. The landlord gave her land for development to these 2 builders. Landlord (A) got 4 flats and each builder(B and C) got two each.
I purchased the flat from one of the builder(B). C is keeping the flats to himself. A hasn't sold any flats(the are giving flats sons and son-in-laws).
I was the first one to buy the flat in this apartment. In my sale agreement and sale deed apartment name is mentioned as "Aparna tridanandapani" which was given by A as per B.
Now, another person bought flat from B, in his sale deed apartment name is mentioned as "Aparna Heights". C also got his flats registered with the same name i.e "Aparna Heights" when C got his flat registered.
I am the only person who has the name "Aparna Tridanandapani". The development cum general power of attorney document and building permission(GHMC- Greater Hyderabad Municipality Commission ) do NOT have any apartment name mentioned only the plot name and survey number is mentioned.
Property tax/House name also has "AH" in it. One of the son in law of the landlord is responsible of changing this. They haven't contacted me before changing it. There is no society formed for the apartment.
Will there be any problem for me due to different name in the sale deed? There is no linked document i.e Development agreement, building permission with any of the name i.e Aparna Heights or Aparna Tridanandapani.
Should I go for rectification deed? I was told that it may attract stamp duty. However, I want to be sure that i don't face any problems especially while reselling.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Deed of rectification should b xexuted to reflect name Aparna heights in your sale deed

2) it would attract nominal stamp duty

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Since the apartment name has been amended as Aparna Heights in sale deed executed by B and C , please ask B to execute a rectification deed wherein the apartment name is changed from Aparna Tridanandapani to Aparna heights in your sale deed also.

2) Since the survey numbers, property boundaries and schedules are one and the same, there need not be any worry at all on any legal aspects. However it is better to ask B to execute a registered rectification deed for peace of mind purposes.

3) The cost of executing a registered rectification deed will be less than Rs5000 only as it pertains to change of name of apartment complex.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Deed of rectification can be executed to rectify the errors in name in the sale deed. Property tax/House name also mention as "AH" so it may be mostly relied as "Aparna Heights". the cost of rectification deed is only Rs. 100/-,

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Sir there won't be any problem as such as survey numbers are mentioned correctly. Further get a rectification deed signed by seller and get same registered for your satisfaction and prospective sale in future. There will be stamp duty on same according to state.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have bought flat from B share

2) signature of C is not required

3) however supplementary deed between A, B and C requires registration to avoi d legal complications in future

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.In case the original deed is registered, the rectification deed should also be registered. The requisite stamp duty and registration charges should be paid as per the laws in force in the State. For errors such as spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case a rectification deed relates to the area, names of the parties, or extent of the property, the stamp duty and registration charges as applicable to a conveyance deed are payable.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi

A ratification deed is "some thing that is approved by a person( who had a legal right as of date of deed) at a later date". so technically no amendments can be carried out in a ratification deed.

A rectification deed is a "deed for rectifying any inadvertent mistakes". so in this you should change the apartment name.

Also, the rectification deed should be signed by B only.

In law , supplementary agreement needs to be registered as well. however since there are other flat owners who are also impacted, once the society is formed, this problem can be sorted out by all flat owners collectively.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hi, the name can be rectified by filing an application at the registrar office

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir

Rectification deed goes with earlier sale deed. So never face any problem. Usually supplementary agreement must also be registered and registration numbers of all documents to be mentioned in rectification deed. Signatures of the owners/developers to whose share your apartment falls gas to sign. Avoid GPAs

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

In order to get the name corrected you may get a rectification deed for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The name of the apartment can be chamged by means of a rectification deed, there are issues in getting the survey number and the plot number changed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Will there be any problem for me due to different name in the sale deed? There is no linked document i.e Development agreement, building permission with any of the name i.e Aparna Heights or Aparna Tridanandapani.

In such case the change of name of the apartments will not be a big problem. Since you have the plot number, survey number, address and the check boundaries proper, there is nothing to be concerned about it

However you can contact your seller to execute a rectification deed in this regard.

Should I go for rectification deed? I was told that it may attract stamp duty. However, I want to be sure that i don't face any problems especially while reselling.

There is no stamp duty to be paid for rectification deed, you can proceed if you want to go for a rectification deed.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

The supplementary deed are not generally registered, hence there is no issue on it.

The subsequent rectification deed has to be executed by the vendors.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Check with sub registrar office

You don’t have to pay entire stamp duty again for deed of rectification

Ask seller to i bear costs for rectification deed

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

The document writer need to be educated on this.

In general any rectification deed to be registered will suffer registration charges alone and not stamp duty also.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Signature of both are required in case we go for retification deed. Further in retification correction is not required just it is required that the apartment previously know as and now know as.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir if there is no apartment name in approvals and no registered society name you are not required.to make a retification and survey numbers are correct there wont be issue, and technically yes they are required to change

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Kindly take advise from some advocate. Usually entire stamp duty has not to be paid

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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