Legal Question in Real Estate Law in India

SIr,

I had purchased an apartment on the thrid floor and another customer has purchased apartment on the second floor. When i had gone for registration of my third floor apartment the builder by mistake had registered the third floor apartment in another customers name. The builder adviced me register the second floor apartment in my name now and later on go for rectification deed for both of us.

I was left with no option but to register the second floor apartment in my name.

Now the builder has executed a rectification deed registered to the other customer indicating second floor apartment instead of already registered third floor without my signature in the deed of rectificaiton as i am the sole and first authority of the second floor apartment.

Now the builder is insisting me to go for registering the rectificaiton deed to get the third floor apartment instead of seocond floor already registered in my name.

My question is:

Is such rectificaiton deed leagally valid when executed without the first registered party of the apartment while executing the rectification deed?

Should i have to pay registration fee once again?

Kannan, Bangalore


Asked on 6/01/10, 8:17 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach the civil court for the same.

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Answered on 6/02/10, 1:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A registered deed can only the parties to the deed and not to others. A mere rectification deed in your situation may not be sufficient. Instead you may need cancellation of the previous deeds and fresh ddeeds may be required.

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Answered on 6/05/10, 10:49 pm


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