Property documents are important and contain crucial information. There may be situations where there is a mistake in the documents or an error in the registration of the property. Any error related to the documents of the property will not allow the owner to have peaceful possession and enjoyment of the property.
It is important to rectify such errors at the earliest, in order to prevent disputes from arising later. It is important to note that only factual errors relating to the property can be corrected.
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What is the difference between RERA carpet and actual carpet?
The carpet area is the actual area that is available to a person when they buy a house/flat in an apartment. It is important to look for the carpet area before purchasing property since the carpet area will give the potential buyer an idea of the actual space that would be present in the property. It will help in understanding the usable area in the property.
- As per RERA, the carpet area is the net usable floor area of an apartment, excluding the balcony or verandah area and exclusive open terrace area, but it includes the area covered by the internal partition walls of the apartment.
- Carpet area is the area that can be actually covered by a carpet, the entire area of the apartment, not including the thickness of the inner walls. It does not include the area covered by the common areas, such as the lobby, lift, stairs, etc.
What compensation will I get in case of a mistake in the registration of my property?
Execution of property documents is a complex process and there may be times when there are errors in the documents. There may also be errors related to the registration of the property.
Errors are usually rectified through the execution of an additional document known as the rectification deed. This document is executed between parties to correct mistakes that may be present in the documents. A rectification deed is executed after obtaining the mutual consent of all the parties to the sale deed.
However, there are a few cases in which the parties to the agreement do not agree to the rectification deed. The aggrieved party may initiate a suit to have the deed rectified. The court can direct the parties to rectify the document, after verifying that the real intension of the parties was not revealed by the earlier document. It’s the discretion of the court to award any other compensation which is sought by the aggrieved party.
Whom should I reach out regarding the disputes of my ready to move in house?
Though RERA (Real Estate Regulation and Development Act) provides a dispute redressal mechanism for aggrieved parties through the courts, it offers a compromise solution too. They needn’t go to court if both parties are able to come to a mutual agreement.
- If the building is registered by the builder under RERA
- The people who buy RERA registered projects are ensured for a period of 5 years from any structural or workmanship defects. These defects will be attended free of charge by the developer within 30 days of the complaint.
- If the developer fails to rectify the defect, the buyer has a right to complain to the RERA authorities and is entitled to compensation for the same.
- If the building is not registered by the builder under RERA
Even though RERA has been implemented in many States in India, there are a lot of builders who have not registered their projects under RERA.
- If the project is not registered under RERA, the buyer can approach the Consumer Court for the defects that have occurred in the property. These can be structural or workmanship defects.
- The buyer has to take timely action in bringing the notice of the defect to the developer.
What is the impact of local law in a jurisdiction on a real estate property?
Real estate property in India is governed through a combination of Central and State specific laws. This is due to the fact that there are several subject matters to which the States themselves are best suited to legislate.
- While buying property, it is essential to ensure the buyer is no violation of the local law that is in the place where the property is being purchased. This is because States in India have formulated their own law regarding the matters of the tenancy and the matters that are connected to it.
- There are various other local and municipal laws, policies, and customs that have to be kept in mind prior to the buying of property. Building codes and bye-laws, apartment ownership rules, etc, are made by the local authorities in which the property is located.
- Local laws are usually used to resolve the disputes that may occur in the area where the property is disputed. The Central Government may enact a primary law regarding real estate, but each State has the right to develop the rules in a manner that is best suited in their state.
It can be seen people have to be careful while registering property in order to avoid hassles of going through the long process of rectification at a later stage. Mistakes that are detected after the registration of the document can only be rectified by executing an additional document known as the rectification deed. Original documents should not be tampered with to rectify the error. Trying to make the changes in the original document will only create more problems in the future and may lead to the document being treated as invalid.
These rectifications can be resolved in an amicable manner between the parties. But, when the parties disagree to resolve the matter, the same can be brought to court in order to rectify the documents. The court would have its own discretion in resolving the matter. Compensation may also be awarded by the court to the aggrieved party.
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