Allotment Letter Name Mismatch in Uttarakhand: Builder Flats and Plots

From the text of the Real Estate (Regulation and Development) Act, 2016, as a state real estate authority publishes it.

The Act uses one word throughout: the allottee. The person named in the allotment and the agreement is the person in whose favour the deed is made. That is why a slip in that name matters more than it looks.

Builders use the phrase "name change" for all three, and charge for the second. Be clear which you are asking for. A spelling corrected is not a transfer, and should not be billed as one.

Step 1: Gather every paper the builder has given you

The booking form, the allotment letter, the agreement for sale, the demand letters and the receipts.

Step 2: Read the allottee's name on each

And the co-allottee's, the father's or husband's name, and PAN where printed.

Step 3: Put Aadhaar and PAN beside them

The final deed will be registered on these, at the sub-registrar's office.

Step 4: Find where the difference began

Usually the booking form, filled by a sales agent in a hurry. Everything after copied it.

Step 5: Write to the builder asking for the correction

With copies of Aadhaar and PAN. Ask for a corrected allotment letter, or a written note of correction.

Step 6: If the agreement for sale is registered, ask how it will be put right

A registered paper is corrected by a registered one, signed by both sides.

Step 7: Tell the bank, where there is a loan

Its sanction and its agreement with the builder carry the same name.

Step 8: Read the draft of the final deed before the day of registration

It is the last and cheapest moment to catch a slip.

• A flat booked in a husband's name, with the wife added later for the loan or for the family's sake, is very common.
• That changes who the allottee is. It is a substitution, and builders have a form and often a charge for it.
• Where there is a loan, the bank has to consent, and its own papers change.
• Before the final deed, the simplest course is to settle the names on the builder's record, so that the deed is made once, in the names wanted.
• After the final deed, adding a name is a transfer of a share in the property, by a gift or another deed, with its own duty.
• Ask the stamp office or a lawyer about duty where a woman is a buyer. We did not confirm the state's present rules.

Read gift deed name mismatch and relinquishment deed name mismatch, for a share moved after registration.

• A buyer who dies before the final deed leaves a contract, part paid, and usually a loan.
• The heirs tell the builder and the bank in writing, with the death certificate.
• The builder substitutes the legal heirs as allottees, on proof of who they are and, where there are several, the others' consent.
• A loan insured on the borrower's life may be cleared by the insurer. Ask the bank at once.
• The name on the death certificate is read against the allotment letter. A difference there holds up the substitution.
• The final deed is then made in the heirs' names. It is never made in a dead allottee's name.

Read name correction in a death certificate and legal heir certificate and succession certificate name mismatch.

Step 1: Confirm that it is a change of name, and not a spelling or a new allottee

A spelling is corrected by the builder. A new allottee is a transfer.

Step 2: Ask the builder and the bank what they need for a changed name

Many ask for a Gazette for a change of name by choice.

Step 3: Fix the exact new name

The spelling that will go on Aadhaar, PAN, the agreement and the final deed.

Step 4: Make the affidavit and publish the newspaper notice

Sign before a notary. Publish in a daily local leading newspaper, and keep the original newspaper.

Step 5: Type the form and sign the undertaking

Two typed copies of the specimen, signed in your old name with two witnesses, and the undertaking.

Step 6: Prepare the CD, photographs and certificate

The same text on a CD in MS Word, two self-attested photographs with identity proof, and a certificate that both copies match.

Step 7: Pay the charge on BharatKosh

Commonly Rs 1,100 for an adult. It is not refunded.

Step 8: Send the file yourself, then update in order

Send it to the Controller of Publications, Department of Publication, Civil Lines, Delhi 110054. Then Aadhaar and PAN, the builder's record and the bank, all before the final deed.

See gazette name change in Uttarakhand.

A typical case we handle: a couple in Dehradun booked a flat in a project on the Haridwar road. The booking form, filled by an agent, named the buyer "Ankit K Sharma". His PAN read "Ankit Kumar Sharma", and the bank would not sanction the loan on the allotment letter. The builder's desk asked for a Gazette and a transfer charge. Neither applied. He had not changed his name, and the allottee was the same person. He wrote to the builder with his PAN and Aadhaar, asked for a corrected allotment letter before the agreement was registered, and declined the charge in writing. This is an illustrative example of the type of case we handle, not a named client review.

What is a lawyer's job, not ours

Drafting a correction to a registered agreement, a rectification deed, a substitution, a complaint to the real estate authority and any dispute with a builder.

When you do not need us

For a spelling, initials, a maiden name, a co-allottee and an heir's substitution. The builder, the bank and a lawyer settle those. We are useful only where the buyer has changed a name by choice and a Gazette notification is asked for.

How do I correct my name on a builder's allotment letter?

By a written request to the builder, with Aadhaar and PAN.

Can a name be changed in a registered agreement for sale?

Yes, by a registered correction signed by both sides.

Can I add my spouse's name to a flat booking?

Ask the builder. It is a substitution, not a correction.

Is a gazette needed for an allotment letter name mismatch?

No. Only where the buyer changed a name by choice.

What happens to a flat booking if the buyer dies?

The legal heirs are substituted as allottees.

In whose name is the final deed made?

The allottee's, as the Act requires.

What is the stamp duty on a flat in Uttarakhand?

The Stamps and Registration Department's schedule gives 5% in general, and 3.75% for a female buyer up to Rs 25 lakh, with 5% after that. The rate depends on whose name is on the deed.

How many times can a woman claim the stamp duty rebate?

Twice in her lifetime. The state allows a 25% rebate on a transfer of immovable property worth up to Rs 25 lakh in favour of a woman buyer, a maximum of two times.

What is the registration fee on a property in Uttarakhand?

2% of the property value, capped at Rs 25,000, as guides to the department's schedule set it out.

Do disabled buyers or military officers also get a rebate?

The state lists a like 25% rebate up to Rs 25 lakh for a disabled person, twice in a lifetime, and a 25% exemption up to Rs 25 lakh for serving and retired military officers of the state. The name on the supporting certificate has to match the deed.

Does the women's rebate need the flat in her own name?

The rebate is given on a transfer in favour of a woman buyer. So her name on the allotment, the agreement and the deed must match her Aadhaar and PAN before the registry.

Where are the official stamp duty rates published?

On the Stamps and Registration Department's site, registration.uk.gov.in, which lists the schedule of stamp duty and registration fee and the notifications on rebates.