Deed of rectification has to be executed to rectify mistake in sale deed
A floor of a building under DDA for sold 1.5 months before freehold by the builder alone. Legal?
Hi. I own a DDA building having 3 floors. It is freehold right now and I have the conveyence deed. There's one problem that I did not realise when I purchased the property. When the building was getting freehold; the builder sold 1 floor before it got freehold. On the conveyence deed ; only the builders name is there and not the owner of the floor. By default; floor owner and the builder both should have applied for freehold together since floor owner is also the owner of the property. The floor owner knew about conveyence deed tho. He sold the property after freehold citing the conveyence deed in the name of the builder. The floor was sold multiple times citing the conveyence deed. My question: is this conveyence deed legal? Do we require a new conveyence deed ( we don't know either builder or the floor owner ). How can I correct this. I am extremely worried. Please help.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
Sir will my property come under some sort of dispute? Will DDA require me to get signature from valid owner at the time of Freehold. We don't know them. Also how long can it take ? Is it safe to do so? DDA may claim something that lands our property in dispute. Also the floor in question was not a part of building plans ( 3rd floor not shown in building plan ) ( although constructing it was legal according to FAR ). What will happen if I file for rectification deed? Is there a possibility of my property getting cancelled. Please know that we were not involved with these transactions; they happened before purchase.
Asked 4 years ago
Your property will not fall under dispute
contact a local lawyer in this regard
It should not take more than a month
- As per law, without getting free hold of the property , conveyance deed cannot be executed .
- Hence , if the conveyance deed has been executed by the last owner of the property after getting freehold of the same , then this conveyance deed is legal .
Conveyance’ refers to the act of transferring the title, ownership, rights and interests in a property, from one entity to another. The term ‘deed’ refers to an instrument, like a written document that is signed by all the parties to a contract, in this case, the seller and buyer. It is a binding contract that is enforceable in a court of law. A conveyance deed is, therefore, a contract in which, the seller transfers all rights to the legal owner. The purchase of a property is not complete without a valid conveyance deed.
Therefore in my opinion, on the basis of the information furnished by you, it can be seen that the purchase appears to be legally valid.
If the property has been converted into freehold and the title is restored to the flat owner, then the DDA may not question or try to file any suit in this regard.
For rectification deed, you may have to approach seller who sold you the property.
If he is not cooperating then you can approach court for relief and remedy.
You can discuss with a local lawyer who is well versed in the subject matter and take a decision as per the suggestions rendered.
If you are not involved then you don't have to worry. The things will not come against you. You can show the same that you acted in good faith
sir
your question is quite complicated and it is not safe to advice without seeing documents. however i can assure you that you need not to worry so much and get a personalised advice from any lawyer after showing your documents. It is not like that I am escaping from advising but I am informing you that since your matter needs inspection of documents therefore you must discuss personally with some lawyer and not online. though i can tell you not to panic as looks like that your issue can be resolved.
