• Sale Deed Area Rectification

Dear Sir , 

I have a property in UP, Ghaziabad for which I need to rectify the area mentioned in the sale deed . This was originally registered in Aug 2008. 

Kindly tell me the process and charges applicable. What is the link to calculate the difference in stamp duty ? 
The originals are presently mortgaged with bank as I have Loan against property on this.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

You have first take original sale deed from bank and get rectification deed. All you get difference calculations from sub registrar office where you have registered sale deed in that office. If sub registrar feels it's only a matter if placement of property than there will be no stamp duty only registration nominal charges you need to pay.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. A registered architect's area-measurement certificate would be required which should match the Revenue /Municipal records. You will also require Bank NOC, for your purposes.

2. Armed with the above certificate & NOC, you & the seller can jointly execute a Registered "Rectification Deed", by attaching the earlier duly Stamp Duty paid Registered Sale Deed.

3. Stamp Duty at "current" circle /rateable value as declared by the Tahsil office would be payable, only on the difference of the excess area that is mentioned in the Architect's certificate.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Rectification deed for same has to be signed if the property is.mortgaged the NOC from the bank need to be obtained before registration.

Stamp.duty as per state shall be applicable engage local advocate for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Deed of rectification has to be executed to rectify mistake in area in original sale  deed 

 

2) it has to be duly stamped and registered 

 

3) stamp duty is state subject and varies from state to state 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

  The rectification cannot be done by yourself as a buyer.

The seller has to execute the registered rectification deed rectifying the error that has been found out now in terms of the extent of the property.

The stamp duty and the difference in the stamp duty can be enquired from the local registrar's office because the stamp duty varies from one state to another across the country.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Dear Sir,

Rectification of a property can be done.

Execution of property documents is a complex process. Sometimes, a

mistake can happen in the process of execution of a document. It is always

advisable to get the mistake rectified at the earliest. It may create a major

problem at a later stage.

There are different kinds of mistakes possible.

For example, there could be an error in facts such as area of the property,

its dimensions, the location of the property, survey numbers, names of the

owners or the transferors, or the consideration amount. These may be typo

errors or because of improper comparison with the property documents

such as the transfer deed, sale deed, title deed, revenue records etc. These

errors can be rectified by execution of a supplementary document called

Rectification deed. A rectification deed is a document executed between

parties to correct mistakes.

There must have been a bonafide mistake whereby the original deed does

not reflect the true intention of parties towards the deed. The mistake

should pertain to facts only. The parties to the agreement must agree to

modify the original agreement by addition, deletion, or rectification of any

terms referred to in the already executed deed. The parties need to bring

the correction into a duly executed document. Further, they need to pay the

requisite stamp duty in order to get it registered with the specified

authority.

A rectification deed should be executed after mutual consent of all the

parties to the main deed. 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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through Rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.

- The registration charges and stamp duty for typographical errors are usually around Rs. 100, for for typographical errors/ minor error, otherwise depends state to state. 

- Since, the said Deed is with Bank, then should to take NOC from the bank , for rectifying the same. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Need to inquire the same before sub registrar office 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Builder has to check whether area mentioned in sales deed is as per actual area 

 

the buyer should also cross check and measure actual area is reflected in sales deed 

 

flat purchaser can sue builder and seek compensation if actual area is less than mentioned in sales deed 

 

if it is more then no offence has been committed 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

If a factual error pertaining to property measurement, terms of the transaction, etc, is identified, the particular page should be changed irrespective of the stamp cost on that page. 

Registration charges and stamp duty are to be paid by the parties as per the laws of the state. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Less or More area would be classified as a innocent inadvertent mistake and nobody is to be blamed nor there is any punishment /penalty for the same.

2. As required, just execute the rectification deed, with proper strategic clauses.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

engage a surveyor to verify the total area you are holding and in possession then execute rectification deed and claim actual area as per sale deed 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can arrange  to survey the property through a private surveyor also and ascertain the facts.

Once you found the discrepancy then you can trace out the issue from your link documents.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

See if area is less then actual.area then the party who provided documents and sold the property to you is in fault.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- If, the sale deed of 1st buyer is showing difference/mistakes in the area , then the builder is responsible for the same, and buyer can lodge complaint against the builder. 

- Further, at the time of puchasing the said property , this happened , then ist buyer is responsible for the same. 

- However, if the actual area occupied by the 2nd buyer is correct , then this type of error come under the typographical error, and it can be corrected easily. 

 

Dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You may have to pay entire stamp duty again for rectification of sales deed and for that you will need original deed from bank. 

You will need presence of seller for registration of rectification deed.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes it will involve cheating and forgery under IPC

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

It may by builder errors to save the stamp duty or the layout plan is not accordingly building built.

 

So you can make a rectification deed and get update sq ft as per actual and inform to government and municipal corporation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer