Rectification of errors in Index 2 (Property Registration)

Index 2 is a summary of all the important information in a sale agreement. Errors can be corrected without a rectification deed.

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Mayur

Index 2 is a very important document whenever any transaction regarding purchase and sale of any property or real estate takes place in Maharashtra. It contains all the important details about the transaction in brief.

Index 2 is NOT THE BIBLE ON YOUR PROPERTY !!

Please note that a small error in the Index 2 does not invalidate or raise a question mark over the entire property or transaction. Even a mistake in the address or name of the parties does not affect the property status or the transaction in ANY MANNER !!
Incase there is a mismatch between the data in the Index 2 and the facts mentioned in the written agreement, the facts in the written agreement will take precedence.
A mere error in the Index 2 data does not in any way affect the status or validity of the transaction and such discrepencies are also accepted by the courts.
So just for a mere typographical error you don’t need any correction or rectification deed.
🙏🙏

Mayur Panghaal (Legal Head Sky Properties)

It contains important details like registration number, the office where it was registered, the date, time, Ready reckoner value, Details about the property, its area, address, buyer details, seller details etc.

Many a times, mistakes are made in this document while entering the data before registration or during registration (while entering data). This can be due to the error/mistake by the person entering the data in the registration office.

The most common mistake is the date of execution and date of registration…
The execution date is the date on which the document is signed by all the parties to the sale agreement/Sale deed.
The date of Registration is the date on which the parties visit the registration office and register the document, get their photographs taken and thumb imprints taken.

Index 2
Index 2 explained

Often, even the people at the registration office are unaware of what is to be done once such a mistake has been detected. Even advocates are sometimes unaware of what is to be done. Most think that a rectification deed (new document) will have to be made specifying the mistake made in the index 2 and get it registered (just like the previous document). For this the parties will have to visit the registration office once again.

All that has to be done is to file a simple application with the registration office (where the document was registered) specifying the mistake made while entering data in the Index 2.

The format of the same in given below.

The entire process takes 4-6 months as the document is routed first to the District registrars office and then to NIC in Pune for update of records.

NOTE : This is only for correction in the Index 2 and not the agreement copy scanned into govt records. The details written in the agreement should match with what is entered in the Index 2. No changes can be made in the registered agreement except via a Rectification Deed.

Sky Properties

Call Sky Properties for all your real estate documentation and due diligence in Navi Mumbai.

Contact

9987452642
mayur@navimumbairealestate.org

By Mayur

Mayur is a real estate professional based in Navi Mumbai for the past 20 years. His expertise in real estate includes every sphere of the real estate sector from legal to Building Construction to Vastu to home interiors. When it's not real estate, its either his fight against corruption or pulling focus (film making) with his NIKON D750 that keeps him busy. With over 9 million views of his pictures on Google Maps and over 1.3 crore views of his contributions, he has been designated as a Master Photographer by Google. He can be reached on 9987452642

50 comments

  1. If there is incorrect data mentioned in index 2, in that case only rectification deed is fine or we have to correct index 2 as well?

    1. Rectification deed is enough. Although you need not have filed a rectification deed simply to correct a date in Index 2.
      But since you have done it, its enough.

  2. In my Index2, executed today, it incorrectly mentioned 985 sq. meter instead of 985 sq.foot in point 5 (Kshetrafal). My lawyer says a rectification deed is enough.

    Q1.Would this pose a problem in getting the property transferred to my name in the municipality?
    Q2.Also, would it be a problem in future if I have to sell the property.

    1. Rectification deed, if already done, is enough. Although it wasn’t necessary in the first place. A simple application would’ve been enough.

      1. Hello,
        in the format provided by you the agreement was registered in Thane disctrict however the application has been made to Joint Registrar Mumbai. Kindly clarify.
        Also, in my Agreement for Sale error have occured in Index-II and Dast Goshwara

        1. You will have to apply in the appropriate district where the property was registered. The format is the same. Only the district will change. Rest you can change as per your case.

  3. Hi,
    I am planning to buy resale property, I will be second owner.
    At time of first agreement ( between builder and current seller) they have missed to mentioned parking in Index-2 but has mentioned in Sale agreement which is registered.
    Question is, Will it be enough to make correction of car parking in new Index-2 ( Between me and seller)?
    Or Do I have to ask him to correct old index-2 in first place?
    Will it be problem in future if I want to sell it to someone?

    Thanks in advance

  4. Hi
    Sir in my registration flat number was wroung somewhere, somewhere it is right. Actually it’s D-002 but somewhere it mentioned as D-001, rest everything was perfect.

    Can you please guide me what to do here.

  5. Hi Sir,
    In Index 2 wrong age is mentioned whereas in agreement it is correct.
    what has to be done in this case

  6. I am planning to puchase resale flat but Property description- like flat number, building number and Milkat area, Garden/balcony area, nothing is mentioned in the Index-2, but all these information is there in Sale Deed and also mentioned in schedule B & D . Can I go ahead purchase this that? After purchase, can I do application to registery office for index-2 correction. Is this possible. Please suggest

  7. I have purchased my flat 6 years back, I n index 2 my father name and surname not mentiond.
    Now please suggest me know how to add my complete name.

  8. My Sale Agreement and Point no. 4 in index 2 shows carpet area as 29.41 sq. mtr (which is correct). but point no. 5 in index 2 shows 29.11 sq. mtr., difference of 3 sq. ft. Is it necessary to get this corrected? If not done, what will be the impact going forward while transferring the property to some other person.

    Kindly advise. Thank you.

    1. I think we spoke today on whatsapp ?
      Its should not matter. It will be read with other mentions of your area elsewhere (like in the agreement}etc.

  9. In index 2 everything is correct but my wife name was added to seller party along with actual sellers, I noticed that mistake after 1 year . does this need correction/rectification need and seller party is again needed to be called to register office ?

  10. Hi Sir, in my case the flat number mentioned in Index-II was incorrect, i.e. they mentioned 901 instead of 904. What is the best way to address this? Rectification deed or the application for correction? Do both methods require both parties to be present?

    1. Both parties need not be present. Only signatures of both are required along with copy of registered agreement. all details in agreement will be checked. If mistake is found only in index 2, then no need of rectification deed. Hope this helps.

  11. Hello Sir,

    Recently I have purchased a under construction property. It is agreed between me and builder that I will get covered car parking and the same is mentioned on registered agreement everywhere. But In index 2 It is mentioned semi covered car parking. Do i need to make correction In index 2?

    1. Builder has no authority to issue or allot or sell any parking. Parking areas are free of FSI.
      Only the society has powers to allot parking areas to its members as per its policy.

      1. Thanks sir for reply. But the property is under construction. The allotment of parking will be done during possession. And index 2 mentiones semi covered parking instead of covered parking (Stilt) and builder too accepted this mistake. What should I do for this now to correct index 2?

        1. Neither he can allot you any covered or open parking and neither he can take money for it.
          Thats the reason he has not issued any receipt to you. And that is the reason he will not mention any covered parking.
          All builders fool people by taking money for parking when they have no authority.
          There is no use making any change in index 2. And even if you want to make it, he will have to countersign on the application.
          Hope this helps. Good Luck.

  12. Hi,

    I have mentioned full name on agreement of sale v/s i have put only initials of my father’s name on index II.

    Name on Agreement: Jaishih Chandrasen Bhatia
    Name on Index II:: Jaishih C. Bhatia

    Whether this mismatch can be accepted by bank while disbursement of loan or i have to get Index II updated as per agreement of sale or i have retification deed to update index 2.

  13. Hi in our release deed the village name is wrongly mentioned as Kurla instead of Mulund. First when I am selling the flat is there any need to rectify this as everything else is correct like the road name, building extra.

    What is the next course of action is there a need to rectify it or the sale can happen without the rectification.

    1. If the mistake is in the release deed, then probably a rectificatino deed may be necessary…if the buyer insists, although if the other details match, its not really an issue.
      If the mistake is in the Index 2, then its not a problem. No need for any correction.

  14. Sir, have purchased a Penta House ( ULC Flat ), in Index|| only flat sqft is mentioned, not our private terrace area, so how can I correct this ?

    1. U can use the format given in my article and submit to the office where u registered this agreement.
      Although its not necesary to include terrace area in Index 2 cause index 2 only takes into account the built up area of the flat.
      They do take into account 1/3 of terrace area to calculate the built up area though.
      You can use the form and submit it.

  15. Hi Sir, I have bought a resale flat in Pune, In sale deed everything mentioned is correct, but in index 2 my wife name in Marathi language is incorrect, instead of ऋतुजा, रुतुजा is mentioned, so how to get it corrected? So both the parties again had to do the rectification deed? Seller is NRI and is not present in India.

    1. No need of any correction. As long as this is the only mistake its ok. No need for any correction. Details should be correct
      in agreemnt.

  16. One of buyer (female) name is Deepika
    And on Index 2 it got written as (male) Deepak.

    Will this need rectification to be registered?
    Details are correct on gift deed.

  17. Hello,
    In my index 2 and at other 3 places all the details are correct but in schedule II of agreement wing has typo mistake. Wing name is written as C instead of B. Do I need go for rectification deed?

  18. Hello Sir, so my father bought the property in 2008. In which now when we checked there is incorrect building name in index 2 document. But in agreements papers and other documents everything is correct inside it. So how to rectify/correct this particular issue. Secondly we don’t know where the previous owner is and whether he is alive or not that also we are not sure. So can you please guide us how to rectify this index 2 issue?

  19. What happens to flat owners who have purchased a property developed on 12.5% scheme and post issuance of OC, CIDCO has cancelled the allotment of land?

    1. CIDCO has all the rights to cancel the allotment if there are irregularities found in the allotment process. 🙏
      They have the full rights. And whatever money you have paid to the builder has to be returned to you. If he does not, file a police complaint and also a case in court for recovery of money.
      The verdict will come in your favor 🙏

  20. Hello Sir,

    We registered a release deed and in its Index-2, instead of commercial the point 4 details mentions ‘Sadanika’ in Marathi which translates to flat. There are no errors in the actual Release Deed where the property it correctly mentioned as a commercial unit.

    Also, the location in Index-2 is spelled incorrectly in Marathi.

    Does this require a rectification deed if we want to sell this property?

  21. I have registered a sale deed agreement. After registration, I found Index 2 document, Stamp duty Challan and Property valuation report shows wrong Market value of my property. This mistake is due to negligence of Registration office and Builders legal team who did not check accuracy of documents before completing registration process. Can we correct Index 2 by rectification deed? If It cant be corrected by rectification deed then what is the solution or way to make Index 2 and other related documents correct.? What charges are required & who is responsible to pay these charges? Kindly advise. Thank you in advance.

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