Sir, 22-08
Sub: Rectification in Deed of Conveyance of Apartment No. A/11/0402, Phase 1 A at SP - Shukh-O - Bristi located at Plot E/1 & E-2, AA-III New Town, Kolkata 700135
We had been alloted an Apartment No. A/11/0402, Phase 1 A at SP - Shukh-O - Bristi located at Plot E/1 & E-2, AA-III New Town, Kolkata 700135
The falt was alloted to us after a span of 4 years and deed of conveyance executed in Feb'11. The “Original copy of conveyance deed” was mortgaged with Stae Bank of India” soon after directly.
In May' vide letter reference no: BMH/ 7779 dated 12-05 received at our end on 21-05 from Bengal Shapoorji Housing Development Pvt Ltd., we wre informed that
certain errors have been commited in the “Conveyance Deed”
(a) Moumita wife of Nilanjan Guha had wrongly been written as “Moumita Guha daughter of Nilanjan Guha
(b) Consideration for four wheeler space has been mentioned in the conveyance deed for which we have not made payment.
to rectify the mistake, a “Deed of Declaration” shall be executed, “Original copy” of which shall be retained by Bengal Shapoorji Housing Development Pvt Ltd. And “certified copy shall be handed over to us/ bank
In reply to the said letter, vide our letter dated 28-05 submitted in the office of Bengal Shapoorji Housing Development Pvt Ltd.on 03-06 requested them to send us :
to send us copy of the “conveyance deed” as we do not have copy of the same to check the extent of errors committed, and
inform as to why“Original copy of Deed of Declaration” shall be retained by Bengal Shapoorji Housing Development Pvt Ltd. and “certified copy shall be handed over to us/ bank
Not receiving their response, we again wtote a ltter on 04-08 requesting to furnish us the undermentioned information besides the points above.
(a) advice as to why the “certified copy of Deed of Declaration” be handed over to us and the original be retained by your company.
(b). any rectification of mistake/ error should be made on the “original copy of conveyance deed”.
In case the rectification is done on any other document, besides the original copy of conveyance deed, then
(c) the “original copy of rectification deed” should be handed over to us/ bank with whom the property is mortgaged. In absence of “ORIGINAL copy of Deed of Declaration” the property cannot be probated in future nor can it be transferred in the event of an unforseen circumstances like death of the owner nor can the property be transferred by way of sale.
(d) The “original conveyance deed” or the “original deed of declaration” where the rectification of error is made should be signed by all the signatories who have signed in the “original conveyance deed” and registered.
(e) In case of change in consideration, if any, it should also be mentioned in the deed where the rectification is made.
Vide their letter dated 06-08 received by us on 20-08 they insisted that :
we should go along with our lawyer/ solicitor and check the conveyance deed and draft deed of decalartion
the original of deed of declation shall be reatined by them and “duplicate copy” shall be handed over to us.
We are completed perplexed and solicit your written advice and clarification for points cited above and if we are handed “duplicate/ cerified copy of Deed of Declartion”, shall we face any problem in the event of “transfer/ sale of the said apartment”.
Based on your written advice on the abovewe shall take things forward as the company is threatening to take legal course of action we we do not sucumb to their request.
We are confident that a company of your esteem shall not jeopardize the legal status of the property purchased by us from your company.
Thanking you in anticipation
Your faithfully,
(MOUMITA GUHA)
P-9, Dorga Road, Navoneer,
Flat # 5, Park Circus,
Kolkata 700017
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