• Plot modification and rectification deed

Plot registered mutated & built up to the foundation level.after 8months,it is brought to my notice by my relative that there is some issue & my Plot LOCATION is shifted to another location in the same aaraji but having an overhead HT WIRE.I ve LOAN (composite:plot buy+ construction)from DHFL on this Plot.N ow it is 6months since it is modified but no Rectifications Deed was done by the plotter except giving silly excuses till now.Although he is ready to build to that level of my construction but not sure.Now,DHFL IS TELLING that Rectifications Deed will not work,&only CLOSING OF LOAN IS the solution as the property is changed.Please guide me accordingly stating suitable remedies as my construction is held up since last 6 months.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

You should refuse to shift to another plot having HT wire 

 

2) since plot has been registered in your name you are absolute owner of the plot 

 

3) if builder insists seek refund of money paid by you and cancellation of the regs agreement 

 

4) mention that on account of shifting of location housing finance company is insisting on closure of loan 

 

5) if builder refuses file complaint against builder before consumer forum and seek compensation for mental torture undergone by you and refund of money paid by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You canfike complaint against builder before consumer forum as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Since location of plot has changed bank can agree for execution of rectification deed 

 

but you cannot force bank to do so 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been shift/ change in the location of the plot as per the present deed.
  2. There is no option like closing of loan, when you can very well go for the rectification deed.
  3. What need it look into as the loan must have been given on the basis of the size and recent value of the plot, but surely not against the location on paper.
  4. I would advice you to go for the rectification deed, and if builder says no to cooperate then file a civil suit for the specific performance of the implied/ or expressed agreement.

Rest, you can contact me through Kaanoon for further legal assistance on this issue, would be fortunate to research on some case laws on it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. It is not clear under what basis the location of your plot of is said to have been shifted.

2. if it was wrongly described in the sale deed due to mistake of the seller/builder then it is his fault.

3. In either case if the plot where you have made part constructions is indeed not yours and another plot is actually yours then indeed rectification deed will not do and you will have to make a fresh deed of sale.

4. As this is entail additional costs you have remedy against the builder seeking damages and compensation to recover the loss incurred by yout out of this whole mess. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

1. DHFL is right. Loan was sanctioned on another plot, hence with the change of plot the original sanction will not be retained by it.

2. Even otherwise the rectification deed is to be executed by the builder/seller, not bank/financial institution.

3. In this scenario you should serve a lawyer's notice to the builder to cancel the sale deed and refund the sale consideration for acute deficiency in service.

4. Thereafter, move the consumer through a complaint case to seek damages and refund of sale consideration.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You are a actual registered owner.You can file complaint in District Consumer Forum against builder and seek compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

A consumer complaint against the builder and the bank should be filed in the state consumer redressal forum at lucknow. The rectification deed should have been provided to you but their must have been some oblique motive involved.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can approach the Consumer redressal forum. There are no such standard guidelines

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

As far as the lender DHFL is concerned they have sanctioned to one property  whereas you are asking the same loan for another property which is against the prevailing law.

Hence rectification deed may not be acceptable to the financiers/lender.

How can you shift to another site when you already started construction in one site especially when you have already availed loan for this plot?

You may have to work out the strategy as suggested by DHFL i.e., to close this loan and  request them to sanction fresh loan for the other plot.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You have already started construction in one plot then how do you think that you can get a rectification deed executed by changing the location of the plot and plot number because this is not an error but change of plot hence you may have to adopt the procedure as per law for change of plot.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You refuse to shift out of this plot since you have paid for this only, let him try to vacate you after which you can approach civil court with a suit for declaration of title.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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