Deed of rectification has to be executed to rectify the name of building in registered sale deed
deed of rectification has to be stamped and registered
I have purchased a residential under unconstruction property in mumbai city limits and the agreement is duly registered by builder and my self , i have also paid 2 instalments and GST as per RERA now builder is asking to change the name of the building due to some issue within them Solution by the BUilder : They will issue me letter requarding name change and maharera certificate reg name change. My QUESTION IS : since in index 2 of the agreement all address are already mentioned including building name ( which builder wants to change and requires my consent on form) so legally how can this be done and what paperwork as an individual i should do so in future if i have to sell property or give for address proof for passport etc i wont have any problem. please expert your valuble guidance required thanking you Vikram
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Deed of rectification has to be executed to rectify the name of building in registered sale deed
deed of rectification has to be stamped and registered
Since the sale agreement has been executed by a registered deed there will be a reflection of the original name in the encumbrance certificate hence any document executed subsequently to effect a different name of the building replacing the original name has to be executed by a registered deed alone in order to find the new name of the building properly incorporated in the property encumbrance records.
The builder may rectify the same either by a supplementary agreement or a rectification deed but ensure that the subsequent document is executed by a registered deed and also you may exercise caution and properly peruse the papers referred to you seeking your consent before signing it.
- Since, the said agreement is registered , then to rectify the name of building , the builder should execute a registered Rectification Deed.
Dear Client,
The name change of the building needs to be properly documented so that in the future, there are no problems with property ownership, address proof, or resale. Legally, the builder can change the building name by giving you a letter stating the reason for the change and also by updating the MahaRERA certificate with the new name. However, as the original name is mentioned in the registered agreement—Index II—the builder needs to execute an addendum or supplementary agreement with you, duly stamped and registered, specifically recording the name change and linking it to your registered agreement. This will ensure that all records, including your property ownership documents, are consistent. Keep copies of all related documents, including the builder's letter, updated MahaRERA certificate, and the registered addendum, for use in future address proofs or transactions. It is always advisable to consult a lawyer to review the paperwork for protecting your legal interests. Let me know if you need further assistance.
Dear Vikram,
Here’s how you can address the situation legally:
Builder's Obligation:
The builder must ensure that the name change is officially updated with the relevant authorities, such as the municipal corporation and the Maharashtra Real Estate Regulatory Authority (MahaRERA). They should provide you with:
Supplementary Agreement:
Since the building name is part of your registered sale agreement and Index II, a supplementary agreement must be executed. This agreement should:
Updated Index II:
After registering the supplementary agreement, ensure that the updated Index II reflects the new building name. This is crucial for future use as proof of address in legal and administrative matters.
Builder's Responsibility:
Ask the builder to assist with any necessary notifications to authorities, such as municipal offices or other agencies, to avoid future complications.
Additional Documentation:
Keep copies of the following for your records:
Future Transactions:
Ensure that all documentation provided by the builder is accurate and consistent. This will safeguard you against any issues when selling or using the property for official purposes.
For added protection, you can consult a property lawyer to review the supplementary agreement and ensure compliance with all legal formalities.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
If both agree for change of name, execute a supplementary agreement regarding change of name in index 2. The wording can be…
(Signature)
Party of the first part
(Signature)
Party of the second part