You need to execute rectification deed for the same 

Ask builder to give in writing that there is no 11 th floor and payment milestone refers only to 10 th floor as per sanctioned plan 

2) bank will not disburse funds unless the mistake is corrected 

3) deed of rectification can be executed to rectify mistake in sale  agreement 

4) as far as car parking is concerned your interests are protected by clause in sale agree e t as well as schedule to the agreement 

You can get a supplementary agreement executed to clarify this issue. It is permissible.

Another option is to get a fresh sale agreement signed cancelling the earlier one. 

Advisable to execute deed of rectification 

if bank is willing to release payment on basis of email from builder then no need for rectification deed 

Registered sale deed executed by builder can correct errors in agreement for sale and it supersedes agreement t for sale 

seek phone consultation with any lawyer on this website if you have further queries 

I have reviewed the details you shared and the concern regarding the milestone reference to the “11th floor” in the unregistered sale agreement, while the sanctioned plan clearly shows only 10 floors. Since the agreement is not yet registered, this can be corrected smoothly. The correct and practical approach is to execute a short rectification/addendum agreement rather than modifying the entire agreement. This document will clarify that the entry described as the “11th floor payment milestone” refers to the second phase of the construction of the 10th floor slab, as the builder has already confirmed in writing. Once signed, this rectification agreement should also be submitted to your home loan bank so that there is no confusion when milestone-based disbursement begins.

Processing this now will avoid unnecessary delays, disputes, or objections at the time of registration or later stages of construction. While the current written email acknowledgement from the builder is helpful, a formal rectification deed ensures that the rights and obligations are recorded legally and remain valid even if there is a change in builder staff or management.

Regarding the car parking concern, there is no legal risk in your current agreement because your flat agreement already mentions one car parking allocation, and the schedule supports this inclusion. The absence of the parking reference in the annexure drawing does not weaken your right, as annexures only serve as supporting documents and not the governing contractual clause. However, if you want complete clarity in the same rectification deed, a simple line can be added confirming that one designated car park is part of the consideration and will be allotted at the time of possession.

To summarise, the best solution is to have a rectification/addendum agreement executed now, attach it to the existing sale agreement, and share it with the bank. This protects you legally, avoids confusion during bank disbursement and registration, and ensures that your rights are clearly recorded.

If you would like, I can prepare the rectification draft in the correct legal format for you and the builder to sign.

This is an unregistered sale agreement, hence you can ask the builder to either execute a fresh sale agreement or a supplementary sale agreement to clearly specify the exact floor as per the approved plan.

Since there's no clarity or relevance to the milestone mentioned in the sale agreement to that of the approved plan, the bank may not be able to disburse loan to the unauthorised floor i.e., the eleventh floor which has no approval in the plan or recognised by RERA.

NO rectification deed will be valid because the principal deed was by an unregistered deed.

As far as the car parking space is concerned the builder has to allot one parking to you as per the terms of agreement and the same has been mentioned in the schedule of property as well 

Your interest for allotment of one parking is legally protected.

If it is literally describing as 10th floor only then there's no question of eleventh floor, besides the the builder has confirmed it through his official email hence you can very well proceed as per the terms of the sale agreement.

Floor Payment Error (11th floor vs. 10th floor)

No formal rectification deed is needed now. Since your agreement is unregistered (still under construction), you have two practical options:

1. Addendum/Corrigendum (Preferred):
   Get the builder to issue a signed one-page addendum (on letterhead, stamped) clarifying: "The payment referred to as '11th floor' in the schedule actually means the 2nd milestone of 10th floor construction work as per sanctioned plan."
   Submit this to the bank with your existing agreement.

2. Email confirmation (Minimum):
   The builder's email already copied to the bank confirming the correction is some protection, but an addendum is safer for TDS deduction records.

For registration later: No issue if the final sale deed (before registration) correctly states the 10th floor and ties payments to actual construction stages. Minor discrepancies in pre-registration agreements do not block registration if the final deed is correct.

Car Park Mention

Low risk. Your agreement states:

• "Flat + one car park" in main clauses 

• Schedule mentions flat number + car park 

• RERA shows car park allotted 

The fact that the annexure shows only the floor plan (not the parking slot) is a documentation gap, not a legal defect. You still have a contractual right to one car park.

To strengthen: Ask builder for a separate "car park allotment letter" specifying the exact slot number before possession; ensure it is carried into the final registered sale deed.

Before construction reaches 10th floor:

• Get the floor milestone addendum signed by builder.

• Give copy to bank and keep original in your file.

• Confirm parking slot allocation on builder letterhead.

Yes If there are changes in registered agreement then registered rectification deed needed

Dear Client, 

If you have not registered the sale deed yet, it will be simple to rectify the error. Since the builder has confirmed it in writing, it must be a drafting error. You can correct it through a supplementary agreement where you have to refer to the original sale agreement and state that the specific clause in the agreement is an error, and add the builder's written confirmation that the 11th floor is actually the second milestone of the 10th floor. It must be signed by both you and the builder. You can get it registered after this. In addition to this, the agreement also mentions that you will get a flat plus one car park. RERA also approves of this. So, you need not worry.

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you. 

1. File a Rectification Agreement curing all the anomalies and defects created in the unregistered Sale Agreement.

2. Mention about the specific car parking space in the said Rectification Agreement.

1. The sale agreement should clearly and specifically identify the property i.e. the flat with out leaving any ambiguity.

2. Ask the builder to clearly mention the floor no. as per the sanction plan in the Rectification Agreement. 

- Since, the said agreement is unregistered, and hence a supplementary or fresh agreement can be executed by the builder 

- Further, even if you will execute a rectification deed then it cannot be registered as the main agreement is not registered. 

- It is better to ask the builder a new afresh agreement after correcting the said error, so that you can challenge him if he not mentioned the same in the registered sale agreement/sale deed. 

1. Get a rectification deed or registered amendment. Emails don’t protect you once you are in a dispute.
2. Don’t allow payment milestone to stay mislabelled. If bank refuses disbursement later, you’re stuck.
3. Car parking should be allotted by slot number in writing. Get allotment letter + incorporate in rectification/supplement.

You’re holding the leverage now as payment release is still pending. Fix it before you lose bargaining power.

Refer to your statement "10 th floor is constructed in 2 milestones and the 2nd millstone of 10th floor is shown as 11th floor". - Not sure what exactly the builder means when by the statement. Prima facie the 11th floor seems illegal construction! What does he mean by '2nd milestone'? Is it defined anywhere?

Therefore, from the facts described it seems that you stepping into a gray area where in the future in a worst case scenario there could possibility of the 11th floor being demolished for violation of approved plans. 

Now refer to the statement "sale agreement says flat plus one car park and it's allotment in Annexure. The Annexure has floor plan but not car park. Schedule in agreement clearly shown shows flat no xx and one no's car park" - Annexure is always a part of the main Agreement and should not be seen as a standalone document. From the described, facts, there seems to be no concern with regard to the car parking space. However, it is suggested a rectification be made.  

Further, please note that I would not simply go by the bank's sanction to the project, since the bank will carry no responsibility in the future for any action against the building. Because the bank will claim not responsible for the illegal construction. Therefore, you may exercise caution from this angle.