Can a property be sold after rectification by some other party?
10-May-2023 (In Property Law)
"Person A & His wife " jointly had purchased a Flat no.705 In Mumbai with full payment having carpet area approx 595 sq.ft and also they had done a stamp duty & registration for the Flat. Now refugee area(Fire space) is also allotted on 7th floor due to that some carpet area of 705 is allotted for refugee area (fire space) and due to that carpet area of flat no. 705 is reduced from 595 sq ft to 450 sq ft. Since carpet area of flat no. 705 is reduced due to refugee area (fire space), builder is doing rectification of registration done for flat no. 705 and will assign some other flat to "Person A & His wife” behalf of flat no. 705 having same carpet area i.e 595 Sq ft. After doing a rectification a builder is going to sell the flat no . 705 to me. Is the process of selling a property to me after doing a rectification with Party A and shifting the PArty A to some other Flat is correct What are the correct process and document required in this regard so that i am safe in future
Yes, the process is legal and safe, also, the time limit to execute the said rectification deed is 3 years from the date of registration. Once the details are agreed upon by the seller and buyer, the same should be transferred to a duly executed document. Registration charges and stamp duty are to be paid by the parties as per the laws of the state. The deed then needs to be registered in the sub-registrar’s office where the original sale deed had been registered.
In the off chance that there is an error in the rectification deed (ironic but quite possible!), a supplementary rectification deed can be executed by paying requisite stamp duty and registration charges.
In the off chance that there is an error in the rectification deed (ironic but quite possible!), a supplementary rectification deed can be executed by paying requisite stamp duty and registration charges.
What is the difference between rectification deed and correction deed?
In Section 17 of Indian Registration Act (1908), a Rectification Deed is also known as a Correction Deed. A correction deed can be used to correct any errors that may have been made in a sale deed.
Is there a time limit for rectification deeds?
There is no deadline for a Rectification Deed. No matter what stage of the property transaction the parties are in, if they discover any mistakes in the deeds, they can request a Rectification Deed. The majority of us do not know the meaning of most legal documents. 03-Jan-2023
Can a mistake in a deed be rectified?
Both the buyer and seller must appear in person at the office of the sub-registrar where the sale deed had been registered if either party finds an error. The official will require that they submit a request for correction of the document along with the supporting documents. 11-Oct-2023
Can rectification deed be made without the consent of the previous owner?
Both parties must be present at the subregistrars offices and agree to the proposed changes in order to register the rectification act. Both parties are the buyer and seller. If the previous owner/s are deceased, you can contact their legal heirs in order to resolve the matter.
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