sale deed over rides allotment letter
in sale deed name is correctly written . so you should not face any problems
3) builder buyer agreement can be rectified to rectify mistake in name
Different Name on Allotment letter
History: hi , We are buying a property(a flat) in Gurgaon where the seller is husband and wife. Seller is the first allotee. However the surname of husband on the allotment letter is different(due to typo error we believe). His name is Amandeep Sharma but on Allotment letter it is wrongly written as Amandeep Singh. Conveyance deed has correct name i.e Amandeep Sharma correctly written. Posession letter is also fine. Builder buyer agreement (is registered) but on one place it is again incorrectly written as Amandeep Singh. Rest of the places it is Amandeep Sharma only. His original name on PAN , Aadhar is Amandeep Sharma only. Wife's name is spelled correctly. We are trying to get the revised allotment letter from builder but incase we don't get, what should be our options so that we don't face any issues now or while selling it. 1) For BBA which is registered , I am told we can go for rectification deed. Is this fine or any other option? 2) What to do with allotment letter? Someone suggested dual name affidavit we can take. Any other better option? Please suggest best solutions. Thanks
Asked 1 year ago in Property Law
Religion: Hindu
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14 Answers
1. As rightly suggested by you, get the registered Rectification Deed executed for BBA.
2. Best is to get notarized affidavit mentioning that both names belong to the same person.
You can get a notorarised affidavit for the same and indemnity bond from him stating the above issue
If you are unable to obtain a revised allotment letter or execute Rectification Deed, you can consider, executing a dual name affidavit. This affidavit would acknowledge both names (Amandeep Singh and Amandeep Sharma) as belonging to the same person and affirm that Amandeep Sharma is the correct name. This is the best option.
While making new Agreement, check all the spellings.
1. You can ask the vendor to obtain the allotment letter on his name or get this one rectified until then you better don't get it registered, this is a defective title.
2. The mistake is not committed by the vendor, it is from the side of the builder, hence the proposed affidavit by the vendor in this regard is not proper and not legally valid
1. Yes, a rectification deed is a better option for BBA
2. Since, the sale deed is registered with the correct name, and also possession letter is also having correct name , then the allotment will not create any problem
- However, he can declare through an Affidavit that both names are of one person .
Dear Client
Rectification Deed for Builder Buyer Agreement (BBA):
If the Builder Buyer Agreement contains errors in the name, you can consider executing a rectification deed. This document can help correct any discrepancies in the name mentioned in the agreement.
Consult with a property lawyer to draft and execute the rectification deed properly, ensuring it aligns with the original intent of the parties involved.
Affidavit for Allotment Letter:
If you are unable to obtain a revised allotment letter from the builder, you may consider having the seller execute an affidavit confirming the correct name (Amandeep Sharma) and acknowledging the typo error in the allotment letter.
The affidavit should be notarized and preferably drafted by a legal professional to ensure its validity.
Notification to Authorities:
It's advisable to notify the relevant local authorities (such as the municipal corporation or development authority) about the correction of the name discrepancy in the property records.
Provide them with supporting documents, including the corrected BBA and the affidavit, to ensure that the property records are updated accordingly.
Consult Legal Counsel:
Engage a qualified property lawyer in Gurgaon to guide you through the entire process and to ensure that all legal procedures are followed correctly.
Your lawyer can provide advice on any additional steps that may be necessary to rectify the name discrepancy and protect your interests.
Maintain Documentation:
Keep copies of all relevant documents, including the rectification deed, affidavit, communication with the builder, and any correspondence with authorities. These documents will be crucial in case of any future disputes or during the sale of the property.
Title Insurance (Optional):
Consider obtaining title insurance to protect your interests in case any legal issues related to the property arise in the future.
You may need to take some steps to rectify the error in the name of the seller on the allotment letter and the builder buyer agreement. Some of the steps are:
- For the builder buyer agreement, which is registered, you can go for a rectification deed, as you have mentioned. A rectification deed is a legal document that allows you to correct any mistakes or errors in the original deed, such as spelling mistakes or typographical errors. A rectification deed must be executed by both parties and registered with the same sub-registrar where the original deed was registered. You may also have to pay a nominal stamp duty and registration fee for the rectification deed.
- For the allotment letter, which is not registered, you can request the builder to issue a revised allotment letter with the correct name of the seller. You may have to submit an application along with a copy of the original allotment letter and proof of identity of the seller. The builder may charge a nominal fee for issuing a revised allotment letter. Alternatively, you can also take a dual name affidavit from the seller, as someone suggested. A dual name affidavit is a sworn statement that confirms that two different names belong to one and the same person. The seller can execute a dual name affidavit before a notary public or a magistrate, stating that his name is Amandeep Sharma and he is also known as Amandeep Singh. He can also mention the reason for the difference in name and attach copies of his identity proofs, such as PAN card, Aadhar card, etc.
Since the coveyance deed is having correct name, there should be no problem for you since, once the conveyance deed is executed, previous paperwork is all merged into it and the same(previous papework) remains of no use.
Thanks everyone for your valuable suggestions. Just wanted to ask, Incase I want to get the same allotment letter rectified, can we cut his Surname "Singh" and write "Sharma" with pen and then get it stamped and signed by builder? Will that work or can we get another letter on letter head acknowledging their mistake that it should be " sharma " instead of " Singh". This is just incase we can't get a new allotment letter. thanks
Asked 1 year ago
You can do alteration in name signed and stamped by builder
in alternative get another allotment letter
Don't make corrections directly on the allotment letter with a pen, as it may raise doubts about the authenticity of the document. It's preferable to have corrections formalized through a new letter or an acknowledgment of error.
The allotment letter should not be ambiguous.
It should not contain any alterations in it.
You can ask the builder to give a fresh allotment letter with correct name and if necessary he can make a mention about the previous erroneous allotment letter in the fresh letter for reference purpose alone.
- If the same allotment letter will rectified after overwriting , then it may create doubt for the intending purchaser
- Hence, you should ask developer to re-issue a new Allotment letter with the remark that the earlier allotment is replaced with this new one.
- Further, this allotment letter should be properly stamped like the old one.
It can be rectified only by the authorities which issued it