• Change in name of building which is under construction by builder

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
Asked 5 days ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

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 

Ajay Sethi
Advocate, Mumbai
97330 Answers
7863 Consultations

Tell him to make an addendum or a supplementary agreement and register it 

Yusuf Rampurawala
Advocate, Mumbai
7731 Answers
79 Consultations

You need to go for rectification deed with new name in already registered documents with builder

Prashant Nayak
Advocate, Mumbai
32737 Answers
209 Consultations

  1. Obtain Builder Documents: Get a formal letter explaining the name change and a copy of the revised MahaRERA certificate.

  2. Supplementary Agreement: Execute and register a supplementary agreement with the builder referencing the name change.

  3. Update Index II: Request the builder to update Index II with the Sub-Registrar.

  4. Document Retention: Keep the original agreement, supplementary agreement, builder's letter, updated Index II, and revised MahaRERA certificate for future address proof.

  5. Consent Form: Ensure the consent form clearly states the name change doesn't affect your rights or obligations.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
392 Answers

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.

T Kalaiselvan
Advocate, Vellore
87527 Answers
2349 Consultations

- Since, the said agreement is registered , then to rectify the name of building , the builder should execute a registered Rectification Deed. 

Mohammed Shahzad
Advocate, Delhi
14706 Answers
224 Consultations

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 agreementIndex IIthe 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.

Anik Miu
Advocate, Bangalore
10316 Answers
121 Consultations

Dear Vikram,

Here’s how you can address the situation legally:

  1. 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:

    • A letter formally notifying the name change.
    • An updated MahaRERA registration certificate reflecting the new building name.

  2. 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:

    • Clearly state the change in the building's name.
    • Mention that all other terms of the original agreement remain unchanged.
    • Be registered with the sub-registrar's office to ensure legal validity.

  3. 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.

  4. 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.

  5. Additional Documentation:
    Keep copies of the following for your records:

    • Original agreement and Index II with the old name.
    • Supplementary agreement with the updated name.
    • MahaRERA certificate and any builder-issued communication regarding the name change.

  6. 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

Aman Verma
Advocate, Delhi
116 Answers

If both agree for change of name, execute a supplementary agreement  regarding change of name in index 2. The wording can be…

  1. This supplementary agreement is executed  on….. in continuation of previous against dated …registered on …… in the  office Sub-Registrar at….
  2. It is mutually agreed that the name of scheduled property  mentioned in index 2 “abc” shall be changed to “xyz”. From henceforth, the  scheduled property shall be known as “xyz.”

 

                                                                                                    (Signature)

                                                                       Party of the  first part             

 

                                                                         (Signature)                                                                                                      

                                                                                                   Party of the second part

Ravi Shinde
Advocate, Hyderabad
4318 Answers
42 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer