Deed of rectification has to be executed to rectify mistake in built up area of your flat
2)it should be duly stamped and registered
Hi I bought an apartment and paid and registered for a super built up area of 861 sq feet. Later the builder told us that they missed some area of 30 sq feet in the plan and got the amount. But this is not registered. The flat purchased later on by my neighbour has this additional area also registered. So what should I do to get this additional area accounted for.
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Deed of rectification has to be executed to rectify mistake in built up area of your flat
2)it should be duly stamped and registered
- If a Registered deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through executing a Rectification deed.
- 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.
- Since, there is an error in the description of property i.e area of flat , in your registered Sale deed, hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100
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1. The Builder has to execute a registered "rectification deed" relating to the area supported by documentary evidences. This can be done with minimum expenditure and payment of difference in Stamp Duty for the extra area.
2. The above is a MUST for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
Get additional supplements agreement registered in the name of rectification deed and change the sq ft and pay the additional stamp duty and registration charges.
Principally the registration document must include the entire super built up area but as in your case registration has already been done and you paid the cost of 30 square feet that is to be included in your super built up area but because of the completion of the registration document this land will not be included in super built up area however there will be no change in the built up area of your apartment super built up area is only area which is calculated based on the entire land and the share the apartments and it is divided equally among all the apartment holders depending upon their area of apartments because in your case the apartments are similar in both the cases the only thing is that the registration document source 30 square feet extra in other case you can take a letter from the builder confirming the additional 30 square feet difference in the super built up area and the area registered because of the future calculations this does not mean any less right on the property and you have the similar rights as others have please be aware that in case the common area maintenance is charged by the resident welfare Association based on the square feet area your apartment area will be considered the area registered + 30 square feet which you have got through the transfer letter only
Hi
Ideally the area mentioned in the sale deed the area available at apartment should be the same.
Since there is a difference between the sale deed and the actual area available at site, it is recommended that both you and builder should enter in to a rectification deed (wherein the super built up area is modified from 861 square feet to 891 Square feet) and get the same registered at sub-registrar office where the sale deed is registered.
You may have to pay a small amount of Registration and stamp duty charges (for the extra 30 square feet) and get the rectification deed registered.
After execution of rectification deed, the original sale deed along with the original rectification deed becomes the primary document(s) for your ownership and title.
Hope this information is useful.
See you can make a rectification deed to rectify the earlier deed and increase the area in same, rectification deed can be properly stamped and registered with the sub registrar office.
You have been duped by builder. IF possession is with you than file FIR agasint builder for cheating and forgery.
Without registration, ownership dose not transfer, so have to register sale deed of 30 sq ft also.
Hope you have payment proof for 30 sq ft .
You can ask the builder to execute a registered rectification deed by rectifying the extent of the property which may include the additional allotted extent of area.
If he has collected additional amount towards sale consideration, then you can demand him to execute a registered rectification deed for this purpose.
Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc.
government authorities made it mandatory to mention the super built-up area in the sale deed.
Execute Rectification deed and registered same.
1. You should file a suit for specific performance against builder to register the super buildup area on your name.
2. But builder cannot take money for super buildup area from owner of flat. As it comes under common area of building