• Necessity of rectification deed

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)
Asked 4 years ago in Property Law
Religion: Hindu

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29 Answers

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)it is a minor typographical error

2) deed of rectification can be executed to rectify the error in sale deed

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Deed of rectification has to be executed by the seller

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Yes the registrar may retify and certify on same deed at point where change is made if previous owner unavailable.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

As I advised earlier for making such rectification deed the registrar is likely to allow you solely to execute such deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Just check with the Registrar Office itself, if this is permissible.

I think he will insist you to execute a rectification deed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can do the same as mentioned. No harm in that.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The rectification deed can be executed by your vendor only in your favor.

You cannot execute the deed by yourself to yourself.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

it is not serious issue .

not necessary to peruse vendor for one more rectification deed

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Attach the copy of AAdhar, no further rectification is required.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See if the said thing come in Dispute then the issue crops. If there is amicable understanding then there is no issue.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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