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Sale Deed correction for incorrect area


18-Nov-2023 (In Property Law)
Hello Experts, I have 2BHK flat purchased back in 2000. All the relevant documents Agreement to Sale, Sale Deed, PR Card, Building Plan shows correct area. However the Deed of Declaration shows half of the actual area. I am unable to sale flat since most of the banks do not approve loan for buyer unless there is correction to Deed of Declaration which builder needs to do. Please let me know what are my options here, 1. Can a simple correction deed work by builder which says area was mentioned incorrectly 2. If not, how can I get the area regularized with corporation and approximate how much it would cost. Thanks.
Answers (2)

Answer #1
514 votes
You have not mentioned as to where the property is located because expenses may vary Accodingly. Rectification deed may be signed and registered to correct the area . AND when agreement for sale and sale is there then what was the need of deed of declaration is not clear from your query.
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What is another name for a rectification deed?

The rectification deed can also be called a confirmation deed or a correction deed. It is also known as supplementary deeds, amendment deeds, etc. Section 17 of Indian Registration Act 1908 recognises rectification deeds as a legal way to rectify errors in legal documents. 11-Oct-2023

What is the difference between a rectification deed and a 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.

What are the limitations of a rectification deed?

There is no deadline for a Rectification Deed. No matter what stage of the property transaction the parties are in, they can still apply for a Rectification Deed if there is a mistake on the sale deed. The majority of us do not know the meaning of most legal documents. 03-Jan-2023

What is declaration deed?

A deed is a document that transfers ownership from one person to another. This document is used when the owner of an apartment or housing complex wants to transfer the ownership of individual units to tenants.

  
Answer #2
699 votes
This is my response to you:
1. Approach the builder and enter into a rectification deed;
2. If the builder is not traceable then you will need to send him a simple notice at his last known address;
3. If the problem does not get resolved approach the bmc office;
4. Consult a local lawyer and take steps.

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