• Wrong area name and floor printed on Sale Deed index page

There is a DDA flat that I am planning to buy in Delhi however we have observed that on the sale deed index page of the deed executed at the time of last sale in 2011, the area name and floor have been wrongly captured as Vikas Puri instead of Dilshad Garden and floor is written as Third instead of second. I requested the owner to have it corrected however they are not able to trace the party they had purchased the flat from and hence can't execute a rectification deed. The owner is saying that he has checked from the registrar office and they are stating that you can mention about these errors in the new sale deed that you execute that there are typographical errors on the index page and area name and floor should be read as so and so instead of what is wrongly mentioned. Need urgent suggestion please on whether should I go ahead with the registry with such an arrangement as I don't want to face any challenges in future whenever I plan to further sell the flat. Please suggest.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

1)deed of rectification ought to have been executed to rectify the errors in the sale deed

2) if seller is not traceable then buyer ought to have filed suit under section 26 of specific relief act fo

3)The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

4) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit

5) dont purchase the flat

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Hi

I my point of view first let the owner get it rectified by way of court procedures or the DDA authorities if they cooperate .

This would save you from the chances of future problems you might face regarding the so called TYPOGRAPHICAL mistake.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello,

to rectify the error in the sale deed, a deed of rectification is to be filed and if any of the party (seller) is not traceable then a suit has to be filed under the specific relief act.

It may be noted that rectification in the deed is upon the discretion of the court and there is no absolute law with regards to the same.

there is no limitation as such, but the same in general will be 3 years from the date of sale deed.

Advise: Do not go for registry with this arrangement.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

1.Donot buy this property.

2.There is no way the proeprty you ae planning to buy can be identified from the wrong information provided in the deed of the seller.

3.A Minor mistake can be ignored but when both the building name floor number as well flat number is difference you can be cheated with your money.

3.So bunk this deal and go for some other proeprty.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

If the error is on the first page only and the conveyance deed is alright and has no error then you may purchase the property.

You may get this thing in writing from the current owner.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Hi

TYPOGRAPHICAL mistake in index should not have any problem.

I think you can proceed for a new home.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. It is highly risky to buy a property having incorrect description of the property mentioned in the sale deed.

2. What has been mentioned in the schedule of the said p[roperty in the deed? Has the schedule been mentioned correctly? Has the deed been shown as the deed for the specific property correctly mentioned in the deed?

3. Even if the answer to the above question is 'yes', it will be risky to buy the said property.

4. Registrar's advice that 'don't worry' does not correct the serious mistake made in the said deed which is required to be rectified.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

If errors on the index page insist that seller gets it rectified then only purchase the property

2) never take a risk wherein your hard earned money is concerned

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

1. The summary of the sale deed contains the wrong details of the property bought.

2. You shall run a risk in buying the said property with out getting a rectification deed registered by the then vendor and vendee first.

3. No body can foretell what kind of problem you might face for buying the property registered with an incorrect details of the property on the Index Page of the sale deed, with out getting a rectification deed registered.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

When you are mentioning about the errors in the previous deed, keep in mind and don't forget to give all statements via affidavit along in the main content of the deed.

Thanks

Sanjay Baniwal

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

Dear Client,

Another sale deed for same property is not advisable, as will bear more registration cost.

Apply for rectification/correction/confirmation deed ( supplementary to sale deed ).

If the other party fails to do, remedy available u/s 26 of Specific Relief Act, 1963. read below - ,

26. When instrument may be rectified

(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 1956, applies) does not express their real intention, then

(a) either party or his representative in interest may institute a suit to have the instrument rectified; or

(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or

(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defense open to him, ask for rectification of the instrument.

(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.

(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.

(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed:

PROVIDED that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

Need urgent suggestion please on whether should I go ahead with the registry with such an arrangement as I don't want to face any challenges in future whenever I plan to further sell the flat. Please suggest.

This is going to be a thorn in yor throne.

Any such unilateral rectifications or corrections can cause a problem in the long run

The suggestion made in the registrar's office is not legally tenable.

In the event of a litigation in this regard in future the you may have to run between pillar and posts.

If your vendor is not able to get the rectification deed executed in his favor then it is advisable that you may keep away from buying this property.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

The index page is a mirror of the documents indexed after that.

This is a wrong indication if there is a error in the index page itself.

What is your lawyer's opinion on this.

The registry staff and the vendor may give different statements to console you and put the burden on you, it is you who have got to be careful about even minor issues that you may apprehend problem in the future.

Take the opinion of a local advocate if you still would like to proceed.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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