If he catches the same wiii he cheating
Shop sale: size mismatch
Hello. My father built a residential cum commercial apartment complex. In the approved building plan, there was no provision for a driver washroom. However, feeling the need, he made a 30 sq ft washroom from a section of a 450 sq ft commercial space in the complex. Hence the actual area of the shop reduced to approximately 420 sq ft because of the washroom for the building users. This washroom cannot be accessed directly from the commercial space/ shop. My father later gifted me this shop via a gift deed, with total area stated in the deed as 450 sq ft (the original area). I am now selling this shop and am looking for the best solution to tackle the area mismatch. What option is best? 1) I sell only “part” of the shop, ie, 420 sq ft so the new owner does not stake claim on the common washroom. In this case, is there a way to avoid the hassle of property re-assessment and better still, any way I can avoid having anything to do with the remaining 30 sq ft and avoid paying property tax for the rest of my life for this washroom that is being used by building support staff? I have even moved out of this city in West Bengal. 2) I first get the area corrected on my original gift deed from 450 to 420 sq ft. Is this even possible? Where does the “missing” 30 sq ft get accounted for? 3) I just sell all 450 sq ft and hope the new owner does not catch the mismatch, and also hope no issues arise between him and other occupants of the building in future. I had initially verbally communicated to him that the shop’s area is 420 sq ft. but he has a copy of my gift deed that states 450. 4) Other ideal suggestion/s please? Thank you.
Asked 2 years ago in Property Law
Religion: Hindu
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5 Answers
Father has to execute deed of rectification mentioning area as 420 square feet .it has to be duly stamped and registered
2) don’t sell without rectifying the mistake as buyer on discovery of lesser area later would sue you
1. State the wrong calculation made in the previous deed and discose its actual measurement to 420 sq ft in your deed. It is perfectly alight.
2. No need to correct the previous deed. Though both the donor and donee can make a deed of declaration on this regard.
3. Avoid doin this as later you may be sued for compensation.
4. Make a deed of declaration/correction.
1. If the 30 ft of space in the property was split and a separate structure was constructed for a different purpose then that cannot be included in schedule of property in the gift deed until and unless there is a specific mention about it in the gift deed.
Hence it is advisable that you can get a registered rectification deed rectifying the error and make a clear schedule of property that which is existing.
If you sell the property suppressing the fact then the buyer would be entitled to initiate proper legal action through criminal laws against you.
Hence avoid the unpleasant situation.
1. The best solution might be to sell him 420 sq.ft commercial space along with the said 30 sq.ft wash room duly mentioning in the sale deed that out of the total area of 450 sq.ft, as per the plan, 30 sq.ft has been carved out for constructing the wash room.
2. The buyer thereafter amalgamate the wash room with his commercial space of keep it as it is as per his choice.
