deed of Rectification has to be executed by the seller
2) it would attract nominal stamp duty
3) deed of rectification has to be duly registered
Query regarding Rectification Sale Deed
Dear Sir/Madam, I've purchased a flat (No 1001) and sale agreement was done on 21st Jul 2017. In Sale Agreement, one of the document, i.e. Share Certificate copy, was incorrectly added of another flat (No 606). This needs to be corrected to proceed for Home Loan procedure. What is the process and how much stamp duty should we have to pay again. Existing Flat Agreement Cost: 5540000 Stamp Duty Paid (6%) - 324000 Note: Agreement was done in Kalyan Sub-Registrar office in Thane, Maharashtra. Regards, Amit Navare
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
Thanks for response. Is there a fixed format for rectification deed (specific to sale agreement)? If yes, from where can we get that? Regards, Amit
Asked 8 years ago
1) there is no fixed format
2) your lawyer will draft deed of rectification depending upon facts of your case
Apply for corrections in your sale deed. The same will be done by means of a rectification deed and usually the same is executed on a hundred rupees stamp paper.
A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.In case the original deed is registered, the rectification deed should also be registered.
The requisite stamp duty and registration charges should be paid as per the laws in force in the State. For errors such as clerical mistake, wrongly stated any fact, the stamp duty and registration charges are Rs 100 each. any error regarding title of the property then stamp duty is applicable as same as paid at the time of registration of property i.e. @ 6%.
in your case Share Certificate copy of another flat is wrongly attached then only stamp rs 100 is sufficient because it does not relate to the title of property.
On what basis do you say that you have 'purchased the flat'? If sale agreement alone has been made then title has not passed to you. If it is only a sale agreement and not a sale deed then a fresh sale agreement should be executed in supersession of the previous sale agreement.
If there is error in the registered sale deed then you can execute a registered rectification deed through the vendor/builder rectifying the error. For this ther is no need to pay any stamp duty, but the registration charges have to be paid for registering this document.
If this error is in the share certificate alone then you may approach the society which issued the share certificate, point out the error and get it rectified without any other problem of visiting registrar's office etc.
Is there a fixed format for rectification deed (specific to sale agreement)? If yes, from where can we get that?
The document writer will be having the format for rectification deed, you can avail the services of a local document writer.