1. Last year (in 2013) I bought an apartment in a Coop.Group Hsg. soc. in resale in Delhi.. Registry was done for say, X sq. mtrs area by the broker. But the society says it is Y sq mts as a room was added later in 2011.
How do I go about rectifying the error? Will it have adverse implications if I let it remain as such?
2. Is it necessary to apply for society membership in order to get shares transferred in my name? Or can they simply transfer by endorsement on strength of sale-deed only?
3.MCD is delaying mutating the property in my name for citing vague reasons. I had applied last year, so it has been more than a year now.
Please advice me on all the points, as it is stressing me too much.
Also, pl. note that I'm staying in Mumbai, so handling these matters is proving to be time-consuming and burdensome. How should I go about getting things rectified and smoothen?
Thanks & Regards,
Asked 2 years ago in Property Law from New Delhi, Delhi
1) Deed of Rectification has to be made . area of flat has to be corrected . have rectification Deed duly stamped and registered
2) you have to make an application to society for transfer of flat in your name . enclose copy of sale deed with seller . complete all the formalities . after approval in AGM share certificate will be transferred in your name .
3)what are the vague reasons mentioned by MCD for not carrying out mutation of flat in your name ? you can appoint an agent to expedite the process
1. Execute a rectification deed duly correcting the mistake in mentioning the area of the flat and place for registration before the Registrar. Since it will be rectification of the area specified in the sale deed already registered, there will hardly be any further cost. If you do not rectify the mistake, you will not be legally entitled to the extra room added later on ,
2. There is a procedure for transferring the name in the share of the society. File an application to this effect duly enclosing a copy of the sale deed and also the rectification deed,
3. You have not mentioned what vague reason has been cited by the MCD in delaying your mutation to enable us to advise properly. However, these are usual hic ups which can be sorted out by a local agent having expertise in this field.
In some CGHS ( constructed during the period 2000-2008) the permissible FAR was subsequently increased and some societies where it was feasible added additional construction by taking approval from the DDA. Your sale deed is based upon the original area which was allotted to the seller. though it would not make much difference because the society would have submitted fresh layout plans for each flat yet there is no harm in getting executed a rectification deed.
The DCS Rules provide for change in membership within a time frame after the buyer submits documents required for the change which have been provided in the Rules. You can go to website of the Registrar Cooperative Societies and check the same. The MC of the society may face an punitive action if they decline to do so.
As far as your third query you have to specify the objections of the MCD for an answer. If the property had been converted to freehold then there should not be much objections from the MCD
Advocate, New Delhi
A. In my opinion, Your flat registered as per old approved plan, kindly take modified approved or latest plan.
B. Kindly check undivided share, super built up area and actual availability area of the land to analyze your area which has been add as room . Later, error can be removed by Rectification Deed.
C. File a application along with Sale Deed and Rectification Deed before society for Mutation
D. In case If MCD not consider your application by dragging your case, you can ask acknowledgment with respect to delay for Mutation.
E. On the basis of that acknowledgement, you can lodge the complaint against Society in DRCS.
F. You can appoint recognized agent to do this process on behalf yourself.