Since the previous owner merged the properties physically and financially to secure a single large loan, the bank only seized and sold what was on their books: a single "amalgamated" security. They will not execute a rectification deed because, to them, there is no clerical error to rectify the single unit description was intentional.
Since you cannot involve the bank, you do not need a Rectification Deed. A rectification deed requires the original seller's signature anyway. Hence you do not need to alter your parent Bank Sale Deed to sell the flats separately. You can legally split the property at the time of conveying it to the incoming buyer.
Your lawyer will draft two separate Sale Deeds for the new buyer (Deed 1 for Flat 1101, Deed 2 for Flat 1102).
In both deeds, under the history of the property, your lawyer will explicitly explain the mismatch to the Sub-Registrar and the buyer's bank. The text should read like this:
"Whereas the Vendor herein acquired Flat No. 1101 and Flat No. 1102 via a single Bank Auction Sale Deed dated [Date]... And whereas the said properties were treated as a single unit by the Bank due to a prior financial amalgamation... And whereas physically and administratively they continue to hold separate identities via distinct Society Share Certificates, separate electricity meters, and separate maintenance assessments... The Vendor is now conveying the absolute individual title of Flat No. 1101/1102 separately..
If the incoming buyer's bank is not willing to accept your two sale deeds, you can obtain a confirmation letter as you already have two separate share certificates and separate maintenance bills, request a formal Letter of Status Confirmation from the housing society's management committee. The letter should explicitly state that Flat 1101 and Flat 1102 are recognized by the society as two independent structural units, with independent voting rights and separate maintenance liabilities.
Have your lawyer draft the two independent sale deeds with an airtight "Recital" explaining the background. Share these drafts with the buyer’s bank's legal team immediately. In 90% of cases, a clear, transparent recital backed by individual society share certificates is more than enough to satisfy a title clearance report.
Since the previous owner merged the properties physically and financially to secure a single large loan, the bank only seized and sold what was on their books: a single "amalgamated" security. They will not execute a rectification deed because, to them, there is no clerical error to rectify the single unit description was intentional.
Since you cannot involve the bank, you do not need a Rectification Deed. A rectification deed requires the original seller's signature anyway. Hence you do not need to alter your parent Bank Sale Deed to sell the flats separately. You can legally split the property at the time of conveying it to the incoming buyer.
Your lawyer will draft two separate Sale Deeds for the new buyer (Deed 1 for Flat 1101, Deed 2 for Flat 1102).
In both deeds, under the history of the property, your lawyer will explicitly explain the mismatch to the Sub-Registrar and the buyer's bank. The text should read like this:
"Whereas the Vendor herein acquired Flat No. 1101 and Flat No. 1102 via a single Bank Auction Sale Deed dated [Date]... And whereas the said properties were treated as a single unit by the Bank due to a prior financial amalgamation... And whereas physically and administratively they continue to hold separate identities via distinct Society Share Certificates, separate electricity meters, and separate maintenance assessments... The Vendor is now conveying the absolute individual title of Flat No. 1101/1102 separately..
If the incoming buyer's bank is not willing to accept your two sale deeds, you can obtain a confirmation letter as you already have two separate share certificates and separate maintenance bills, request a formal Letter of Status Confirmation from the housing society's management committee. The letter should explicitly state that Flat 1101 and Flat 1102 are recognized by the society as two independent structural units, with independent voting rights and separate maintenance liabilities.
Have your lawyer draft the two independent sale deeds with an airtight "Recital" explaining the background. Share these drafts with the buyer’s bank's legal team immediately. In 90% of cases, a clear, transparent recital backed by individual society share certificates is more than enough to satisfy a title clearance report.