I am the fourth person ,who purchased the plot after the initial allotment from city development authorities. In my sale deed(which was executed three years before),just now, I observed ,the registration reference of one of link document is mentioned as 4356/2000,dated [deleted], instead of 4356/2000,dated [deleted]. All link documents are correct and are having correctly dated reference for above said registration as 4356/2000,dated [deleted]. Also encumbrance certificate is also showing all correct references. Kindly suggest how much serious is this mistake ?. Can I go for bank loan with such documents now ? and lateron,get rectification deed,if needed, done (as vendors are not available for some days)
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It is mistake at the end of the day; and now since it has been surfaces, it would be in the fitness of things if your get it rectified.
Yes, there is no problem in going for bank loan.
Whenever the vendor shows-up, go ahead and execute the rectification deed.
Dear Client,
For rectification deed, original will be required and all originals will be hypothecate with the bank on loan approval.
And, if the above error is committed in sale deed than not of much consequences. Registration reference is not evidence by writing of sale deed but through it`s original endorsement by sub registrar on deed of 2000.
Can apply for rectification but before loan.
And if the opposite party do not cooperate than take aid of sec 26 of Specific Relief Act.
A rectification deed can be executed for same purpose by mentioning the para number of original deed and mentioned the word /letter/ numbers replaced in the sentence.
You can apply for loan as the title is clear on your name with vali document though if the bank becomes cautious than in case you can present a rectification deed for same.
1)it is a minor typographical error
2) deed of rectification can be executed to rectify the error in sale deed
Dear Sir,
My answers are as follows:
Kindly suggest how much serious is this mistake ?.
Ans: It is not a serious loophole. If previous vendor/purchaser were alive a rectification deed may be taken. Since correct number is mentioned in encumbrance certificate as such no problem would arise.
Can I go for bank loan with such documents now ?
Ans: Yes, the bank people have to look into previous original documents and not the numbers of the documents. Rectification Deed is not required in the given background.
1. Well if any of the title deed previously executed was bearing a typing error as regards any number then it better be corrected.
2. If the mistake was purely human errors as it appears in your case then it can ge corrected even in subsequent deeds which is largely allowed by court.
3. Since you are last purchaser who has wrongly mentioned the number its incumbent upon you to correct the anomaly.
4. If the Registrar is so willing you alone can make a deed of declaration.
In other words you must correct this mistake for your own good , preferably before bank loan when the deed itself is deposited to create equitable mortgage.
Hello,
Bank will not give loan on the basis of such document.
the bank also through their advocate will conduct title search and due to this defect the bank might reject the loan.
It is advised that you move a rectification application and get the error rectified for all future convenience.
Regards
As I have all original documents and title is in my name (same is being shown in EC as well) So just by producing original link document to registrar,is it possible to make rectification /correction deed just by my signature ? and not involving previous owners in it.
Deed of rectification has to be executed by the seller
Yes the registrar may retify and certify on same deed at point where change is made if previous owner unavailable.
1. The recital in a title deed is very important from the legal point of view.
2. Your title deed is thus faulty which requires rectification of errors.
3. Arrange to register a rectification Deed by correcting the said error.
1. Rectification deed is a deed which shall have to be registered by appending signatures on it by both the parties before the sub-registrar.
2. So, both you and the previous owner shall have to execute the said rectification deed and register the same by being present before the sub-registrar.
1) Its better to registered rectification deed, when you know the date is issue and its typo mistake, it will be not much expensive deal. Try to fix this rectification deed and registered it.
As I advised earlier for making such rectification deed the registrar is likely to allow you solely to execute such deed.
Just check with the Registrar Office itself, if this is permissible.
I think he will insist you to execute a rectification deed.
You can do the same as mentioned. No harm in that.
Previous owner will be included during the rectification of the documents.
However since the same is just a clerical error, therefore you may try and get the rectification done wlone
Regards
Since this has come to your knowledge it would be better that you get a registered rectification deed executed rectifying this minor error or else it will become too late for carrying out the desired corrections.
The rectification deed can be executed by your vendor only in your favor.
You cannot execute the deed by yourself to yourself.
As I have decided to get rectification deed done,but some more doubts have erupted. Vendors' name as written in my plot's sale deed are SujitH JOSHI S/O LALIT JOSHI and MANOJ JOSHI S/O LALIT JOSHI. But,Spellings of my plot's vendors as given in attched ID proofs are respectively ,Sujit JOSHI and MANOJ LALIT JOSHI. Same has happened ,in previous sale deed(link document),where they were as Vendees. Accordingly EC is also showing their names as SujitH and MANOJ JOSHI. Although their digital photos and their thumb impression are recorded in sale deeds (both in mine one and previous one). Irony is,I had spent money for legal opinion before buying this plot,but that lawyer also ignored such spelling differences and I had also given announcment about purchase of this plot in english newspaper as well. Firstly how much serious is this issue in affecting my title? Secondly ,now question is in what way Rectification should be written? Shall I let there names discrepancy buried and just get that year rectification done? If no,Kindly suggest cost effective way out to solve this riddle as subsequent previous vendor is not traceable?
i 1) it is not a serious issue
2) in rectification deed name as per attached id proof should be written
3) in alternative just get the year of registration rectified
This issue want effect you title as this is just a typing error.
The retification can be written. On bond paper as retification deed further mentioning the reference number of old deed, registration number.then you.can further mention your.amendemnt with paragraph like the paragraph this line this is mistyped __________- and the correct is _______ this.
You can retify the name descripemcy is same deed as in both the documents the valid id proof and impression of same person is there. Though the issue is not big still get it retified the seller can give an Affidavit along with retification for name error.
If the signature and photo are there then the spelling mistake will not make much difference
write correct spelling and in bracket write "wrongly spelt as"
this is not a big problem
Since you have planned to get a registered rectification deed executed to rectify certain discrepancies found in the original title deed, this spelling mistake ot the vendor may also be rectified in the same deed, you do not have to get a separate deed executed for this purpose only
1. Your said sale deed is loaded with defects which is required to be rectified.
2. Get the vendors execute affidavits before 1st Class Judicial Magistrate affirming that they are know in th both their names given above by you and both are the same person.
3. Thereafter in thew rectification deed, both the names of the vendors should be mentioned as alias which shall have to be registered by you.
Now, I got my sale deed rectified .But again I observed that : Although the vendors' aadhar card is attached as ID proof and PAN number is also mentioned ,with digital recording of photos and thumb impression,but one of the vendors Aadhar number while writing in rectification deed is missing one digit.So back to square one ,I am now fed up. One more thing ,in original sale deed same vendor's Aadhar number is correctly mentioned. Please tell me ,is this serious enough that I should again pursue vendors for one more rectification? or just let it like this. Is there anyother wayout than calling them for rectification?
1. It all depends on how sensitive you are in case of keeping legally correct documents.
2. Since in earlier deed his Aadhaar card no. was correct, so it may not be a problem in detecting his identity.
3. It is not a very big problem but the fact as per law is that you have rectified your earlier deed with the new one and everything mentioned afresh in the new one supersedes that in the earlier deed.
No it's not.as copies of adhar is already attached and other details are.correctly mentioned you donot need a retification deed again to add the number the deed is perfect donot worry one digit won't cause you any prejudice in title of property let it be it's fine you have attached copy of document and pan card there is no harm
The minor mistake in the aadhar number is not a concern, hence you may ignore it.
Nobody is going to do anything by verifying the correctness of the aadhar card number of the vendor, hence dont attach any importance to this minor error.
Mentioning aadhar number is just for a formality and it is not going make any impact to the registered sale deed.
it is not serious issue .
not necessary to peruse vendor for one more rectification deed
Attach the copy of AAdhar, no further rectification is required.
See if the said thing come in Dispute then the issue crops. If there is amicable understanding then there is no issue.