Deed of rectification should b xexuted to reflect name Aparna heights in your sale deed
2) it would attract nominal stamp duty
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 5 years ago in Property Law
Religion: Hindu
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18 Answers
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.
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/-,
Thanks a lot Sir, it sure was helpful. I have got a "ratification" deed (thanks to advise from this forum :)) already prepared for another problem i.e in my sale deed only one of the builder has signed(B) another builder (C who resides in US) has not signed. The document is yet to be registered at Sub Registrar Office. I was told that we cannot correct the apartment name in ratification deed because changes are not allowed in it. So, if I go for rectification deed is it sufficient to get the signature of "B" alone (the builder from whom I bought the flat?) or should it signed by both B and C. Please note that there is a "supplementary agreement" which has information about which flat belongs to whom but the problem is it is not registered at SRO's office. Also is there any order in which these documents need to be registered? Thanks a lot in advance.
Asked 5 years ago
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.
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
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.
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.
Hi, the name can be rectified by filing an application at the registrar office
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
Hello,
In order to get the name corrected you may get a rectification deed for the same.
Regards
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
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.
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.
Thanks everyone for their valuable suggestion. I checked with a local document writer, he says that we need to pay the entire stamp duty again, i think it is ridiculous. Moreover, i feel that there is no mistake in my deed because the name was agreed upon by seller at the time of my registration. Since the next registrations were registered with a different name, should they not be rectifying it ? Because they used a different name that the existing one?
Asked 5 years ago
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
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.
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.
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
Kindly take advise from some advocate. Usually entire stamp duty has not to be paid