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Actual area is less than area mentioned in sale deed what to do now
04-Sep-2023 (In Property Law)
We planned to purchase a house of built up area measuring 50 sq. yards. And we also gave the 2lac advance payment on 12aug 2017to the owner and the remaining amount to be paid by 16aug 2017. Later we came to know that the house is 47.5sq yards not 50 sq. yards as mentioned in the papers. We told them to lower the price but they are not ready. Then we asked them to return our token money. Now they are saying that your agreement is expired. Do we have any legal point here?
Yes you do. Both criminal and civil action are available at your disposal. However, one can advise better when the documents are examined. You must make a claim for the Rupees Two Lakhs, at the least.
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Adv. Shohit Chaudhry
Delhi | 25+ Answers
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What makes a sale deed invalid?
The document will be void if there is no consideration in the document or if it was never intended to be paid. It is possible to distinguish between a sale in which the consideration was intended to pay and has not been paid, and a sale in which the consideration wasnt intended to be payable at all.
How to correct Patta measurements?
You can apply to the Tahsildar office of your jurisdiction for corrections. You may also be able to get approval with existing documents, if you submit a plan that discloses the actual measurements of the site. 03-Feb-2023
What if the measurement in the sale deed is wrong?
If you find errors in your property deed, or other documents related to real estate, you can have a rectification (or deed) of rectification drafted, and then registered. This will nullify any error.
Can sale agreement and sale deed have different amount?
The difference between the price of the deed and the agreement is then transacted as cash in accordance with section 50c. 12-Jul-2023
You can use the link documents to confirm that the area you were sold is smaller than what was shown in the document. If the sale deed has been fraudulently prepared, by showing areas that do not exist, you can file a legal complaint.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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