We had given to developer to build flats in 2017. Total 8 flats were built. We had both development agreement and settlement deed with builder. No flats numbers were mentioned in the development agreement. However there were flat nos mentioned in settlement deed. The problem is the flat nos mentioned in his share are correct and the flat nos mentioned in our share are mentioned incorrect. This is how it is right now. Developer Share: 101, 102, 201, 202 Our Share: 103, 104, 203, 204 However the problem is these apartments do not exist because there are only two flats per floor. This we noticed after 5 years when we thought of registering these flats. The correct apartment numbers are 301, 302, 401, 402. We have property tax of these flats coming in our name and we are paying property tax for these. We thought of correcting this via a rectification deed and contacted builder. Taking this opportunity, the builder is bringing some old calculations and asking money from us for his signature on rectification deed. So unless we pay him money, he will not sign the rectfication deed. What are our options now.
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1. Since Rectification Deed is not possible in the instant case, go for Declaration Deed, which serves the same purpose of correcting the previous deed.
2. If statutory authorities accept Declaration Deed executed by the landowners, declaring the error that has crept in and the correct numbers of the flats mentioned in the Declaration Deed, which is to be registered in the jurisdictional Sub Registrar's Office, which reflects the corrected form.
Invoke arbitration clause in development agreement for resolution of disputes
2) each party woukd appoint arbitrator and both arbitrators would appoint presiding arbitrator
3) arbitrators would give award
Thanks for your answers. One other thing I am reading is: The buyers should give their utmost attention to this as property tax is also proof of the rightful ownership over the property. Right now, property tax is in our name and the builder many years back had mentioned that he has directly linked the property tax for our apartments in our name. Not sure how he was able to do it as flat numbers were incorrect. Does paying property tax not give us rights on the property.
If flats are not in your names how can property tax of apartments be in your names
supplementary sharing agreement between builder and owner should mention flats in your names
Property tax in the name of a person is only a secondary document and does not alone confer rights on the property.
The builder may not cooperate with you people to execute the desired rectification deed because you are to py some old dues.
If the claim made by the builder is true then you may settle the old dues and ask him to execute the rectification deed, if his claim is not true and an exaggerated one, then you may first issue a legal notice to the builder to execute the rectification deed to rectify the erroneous flat number to the correct one.
If the builder fails to respond or cooperate then you can file a suit for specific relief on the same line and seek a direction through court or ask the court to do it on behalf of the builder atht e builder's cost or your cost.
The tax receipts for the taxes paid to the property are not title documents.
If there is an incorrect number of the flat for the tax purpose, the incorrect details only would reflect in the tax receipts.
If the property is on your name then what about the flats having inconsistent numbers?
You may proceed as suggested with the legal action.
- If the builder is not agree to appear before the registrar for executing Rectification deed , then you can issue a legal notice for the same.
- Further, even if he not cooperate then you can file a petition before the court for directing him to execute the Rectification deed .
- Further , if the correct numbers are mentioned in the settlement deed , then the flat numbers can be corrected after approaching the competent authority or municipal corporation at a later stage.
- Further, the property tax payment receipt is not a title document .
