Wrong flat number in flat agreement

I would suggest to cancel the agreement. Also, since it is your mistake as well, best way is to split the cost 50:50 for the cancellation and the registered of the original flat which you bought..
 
@adaneam
I don't think you were guided properly. I also faced the same issue. Let me explain my situation:
I am 3rd owner of my flat. My previous owner own 2 flats next to each other so does his previous owner. The mistake my owner have done was he haven't looked the flat number in agreement copy and they both signed. I was checking the papers I observed that flat number is not correct since I was purchasing only single flat. I compared the same from municipal flat number allocation vs Society flat allocation number were not matching.

For eg, wrong info was
Corporation number Society number
A2f A15
A2g A14
Correct one was : f = 14 and g = 15.

Then our advocate suggested to go for a CORRECTION DEED where both parties (buyer and seller) of old agreement was involved. We then represent the same deed for further agreement, deed of assignment and banks for loan approvals which was accepted.

In your case, you and builder can file an CORRECTION DEED. Check with some good lawyer if builder refuses.
 
adaneam said:
Guys,
Today morning I did flat agreement for a new flat in Pune. By mistake, I overlooked the flat number which was wrong. When I went to collect agreement documents at builder's office I noticed that the flat number is wrong. I brought it to their notice. I was told that it would be corrected within a day.
I received a call from builder's office 3-4 hours later. They told me that I have two options -
1. Keep the flat that is now registered (which I do not want)
2. Cancel the agreement. Govt will charge 20% of stamp duty, VAT and service tax. We do the agreement for the correct flat. But here builders says he cannot sell the wrongly booked flat for another six months!
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The wierd thing in this story is that he did not have a lawyer representing him before buying the flat.

When you buy a flat you usually engage a lawyer to check the paperwork is ok. Mine came with me to the registration office to oversee the whole operation as well as to grease the necessary palms etc.

Buying a flat is not like buying from flipkart.
 
blr_p said:
The wierd thing in this story is that he did not have a lawyer representing him before buying the flat.

When you buy a flat you usually engage a lawyer to check the paperwork is ok. Mine came with me to the registration office to oversee the whole operation as well as to grease the necessary palms etc.

Buying a flat is not like buying from flipkart.
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Not necessay.. when I did the registration, there were few folks (not lawyers) from builder side to handle the entire process including the paperwork charges (~7k)..
 
I saw my draft papers one day before the agreement and lawyer told me to come directly at registration office at specific time. By that time he had done all paper work. Still I cross checked 2 things before signing anywhere Flat detail and Amount paid/due, which our friend missed here.

It doesn't matter whether you have lawyer or builder folks, it is individual responsibility to trust on their eyes.

But as I said, there are alternatives. Go for correction deed and correct those mistakes.
 
trigger said:
Not necessay.. when I did the registration, there were few folks (not lawyers) from builder side to handle the entire process including the paperwork charges (~7k)..
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If you know what you're doing, fine.

But point is to have somebody representing YOUR side for such an important deal. Frankly, i don't know anybody that would buy a flat without their own lawyer looking over the paperwork to begin with.
 
blr_p said:
If you know what you're doing, fine.

But point is to have somebody representing YOUR side for such an important deal. Frankly, i don't know anybody that would buy a flat without their own lawyer looking over the paperwork to begin with.
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That`s what I suggested in my very first post - get a lawyer !
 
well, at this point in time yes.

Earlier it did not strike me that he should have used one at the outset which is what i was trying to point out.
 
You should -
a) Check with officials at the registration office.
b) Get a lawyer ASAP. Its a mistake that can happen and I think there will be a way out.
 
I met with builder's laywer a couple of days back. I told him that we should go for "deed of correction". He told me get confirmation from SBI that they won't create problems while making disbursements. (They were as it is unhappy with me for going for SBI. They even offered me Rs.50/sq.ft reduction in rate if I go for Axis Bank)
I met one of SBI's lawyer, he said they don't have issues with deed of correction IF everything is in order.
As of now I am looking for a lawyer who deals in property. I want him with me while doing correction to make sure that matter is settled once for all. I just want to make sure in future if I want to sell my flat I don't have to go to builder for NOCs etc.He won't entertain me then.
 
Good one, I told you there are methods but builders never mention those.
Keep all documents including this correction deed then you don't need NOC from that builder.
 
adaneam said:
I met with builder's laywer a couple of days back. I told him that we should go for "deed of correction". He told me get confirmation from SBI that they won't create problems while making disbursements. (They were as it is unhappy with me for going for SBI. They even offered me Rs.50/sq.ft reduction in rate if I go for Axis Bank)
I met one of SBI's lawyer, he said they don't have issues with deed of correction IF everything is in order.
As of now I am looking for a lawyer who deals in property. I want him with me while doing correction to make sure that matter is settled once for all. I just want to make sure in future if I want to sell my flat I don't have to go to builder for NOCs etc.He won't entertain me then.
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Told you earlier to get a lawyer.

Don`t worry about the builder for selling, plan to sell when society gets formed, they will provide you the NOC.
 
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