• Sale deed buyer signature is missing

Recently I purchased a Plot in Ramanagar (Karnataka) I have registered plot in my name in Ramanagar Sub-Register Office. During registration when signing on sale deed document myself and seller signed on all sheets but I forgot to Sign in the last sheet of the sale deed where Buyer and seller has to Sign. Seller has signed but my signature is missing. This I noticed after 1 hour after documents are scanned and I immediately rushed to the sub-registrar office in ramanagar and they once again scanned my updated sale deed but later after one day when i verified in kaverionline website it is still showing my old sale deed document without my (purchaser) signature in the last sheet. After 3 days when I spoke with Computer engineer of SUB-Register office he said that once documents are scanned we cannot modify and this has to be rectified through rectification deed. My question is what is the procedure to fix this issue without rectification deed. 

1. Whether document is valid if Purchaser didn't sign the last sheet of the sale deed (seller has signed all the sheets)
2. Will it be a problem in future if not corrected now. 
3. How this can be rectified without rectification deed.
Asked 7 years ago in Property Law
Religion: Hindu

15 answers received from multiple lawyers

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15 Answers

1. If he says reciifction deed is required then betetr do this.

2.Execution and registration of a rectification deed attracts a very nominal fees and hence you should not avoid doing this.

3.Absence of your signature in the all important last page may give rise to confusion and doubt in future transactions.

4.So do not take any chance and correct the anomaly by making a rectification deed.It is best suited for you.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Q1. Whether document is valid if Purchaser didn't sign the last sheet of the sale deed (seller has signed all the sheets).

Ans.: The sale deed is agreement between seller and purchaser. The seller has signed and you can sign it now because original is with you only.

Q.2.Will it be a problem in future if not corrected now.

When you sell the property in future or create mortgage against loan on the security of this sale deed, the documents will be verified from the Sub Registrar office but since the last page is not signed in the scanned document available in the office of Sub Registrar, the certified copy obtained from the office of Sub Registrar will be without your signature on the last page. To keep the record straight in the office of Sub Registrar, it has to be rectified.

Q.3 How this can be rectified without rectification deed.

On putting your signature on the original sale deed, it is rectified. But question is rectification in the record of Sub Registrar office, which can be rectified on execution of rectification deed. In the rectification deed it is to be mentioned that on the last page of sale deed purchaserhas not signed the document due to oversight at the time of registration of sale deed. Now, the purchaser has signed on the last page of the document, the same should of read as last page of the sale deed. For rectification deed contact the lawyer who executed the sale deed.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

1) document is not valid if purchaser did not sign on the last sheet

2) it would be a problem in future

3) deed of rectification is must

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Your sale deed perfectly alright. no need to wary.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Move a representation to the sub-registrar in this matter, requesting him to permit you to put your signatures upon the last page and there upon,upload the updated sale deed on the website.

If the needful is not done, approach the High Court and get a requite direction against this Registrar.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

you must file the deed for rectification at the earliest since the sale deed is bad in the eyes of law if the signatures are not present.

If the said rectification deed is not allowed by the registrar then move to the HC to seek appropriate direction.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You need to file rectification deed to avoid any future consequences. This is the only option you have.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Shouldn't take long in the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

The computer assistant is right that no modification can be incorporated once it is scanned and confirmed .

You may wait for the receipt of the registered document and see if what you have seen online and the documents in hand are the same and whether your signature affixed at a later time is there or not.

If you dont find yor signature in the document then you ma execute a rectification deed, for which you do not have to pay the stamp duty once again.

1. Whether document is valid if Purchaser didn't sign the last sheet of the sale deed (seller has signed all the sheets)

The purchaser's signature is to be affixed in the last page of the document.

2. Will it be a problem in future if not corrected now.

Yes the buyer then would insist on the same rectification deed at a letter stage too.

3. How this can be rectified without rectification deed.

Since the document is scanned after registration any illegal amendment made at this stage on your own will render the document invalid

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Your lawyer will draft the rectification deed

It should be mentioned that as deed was not signed by purchaser rectification deed is being executed

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Contact a local lawyer for drafting the same

It caontaina the word that the previous deed dated so and so is being rectified now to the extent that so and so and so.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

(It shall be executed between Seller and Buyer again. Hence, the parties to the Rectification Deed and Sale deed should be same).

The body part of the Rectification should be -

Whereas the Seller sold the property (Details of property) to the Buyer on _____ and a sale deed was registered in the office of Sub Registrar, _______________ bearing registration number____ book No.1, Volume No._____ on page ____ to ______ on _________________.

Whereas due to oversight the Buyer has not signed the last page of the sale deed and the last page has been scanned in the office of Sub Registrar without signature of the buyer on the sale deed.

By virtue of this Rectification Deed the parties to the Rectification Deed wants to replace page No.___ of the sale deed with the page enclosed* with this Rectification deed to get the page scanned and the same be read as page No.____ of the sale deed bearing registration number____ book No.1, Volume No._____ on page ____ to ______ on ______________ with Sub Registrar, _________. Hence, page No._____ of sale deed be read with the enclosed page of Rectification deed duly signed by Seller and the Buyer.

The Rectification deed may be read as part of sale deed (give registration details.)

*(THE LAST PAGE OF THE SALE DEED DULY SIGNED BY THE SELLER AND BUYER BE ENCLOSED)

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

Rectification deeds usually contain names and addresses of the seller and buyer, details of the original deed and description of the rectification to be made. It must be clear and concise in language to avoid future complications. It must not alter the scope of the original document or violate any regulations. Also, care must be taken to ensure that the rectification doesn’t deprive either party of their rights.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

confirm the content of the earlier sale deed as binding on the Seller and the Seller has came forward to sign the confirmation deed as the signature in the last page of the earlier sale deed is missing.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

rectification deed should contain the observations made in the principal deed and the same to be rectified in the maner it is desired to be made.

For example, if a particular word or a sentence found to be illegible or irrelevant or certain subject has been erred or found to be missing or there are wrong demarcations, then the same should be prepared accordingly.

Your lawyer may inform you about what is to be written in the rectification deed.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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