• Sale deed

Hello Sir ,
I had bought a property in bangalore in 2004 , my advocate while typing the sale agreement he missed out a sentence which says Right to sale, So now a problem is arising , i am trying to rent out the property to an MNC, Which says it is highly risky to rent this building as there is a sentence missing .
Please guide how to go about it , as this creating a major trouble for me.


thanking you
Gautam Borana
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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17 Answers

1) deed of rectification can be executed by seller to rectify the errors if any in sale deed

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

What do u mean by Right To sale ?

Property purchased after duly registered sale deed and paying stamp duty, vest absolute ownership and perfect title.

Even if there`s clause in sale deed," no right to sale ", no consequences, once property purchased by duly registered sale deed.

Owner have absolute right in the property to resale and use in any manner.

MNC, officials are idiot.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file amendment to deed with consent of the seller. You can prepare a separate amendement to sell deed on stamp paper add that sentence with para number take consent of seller and get it registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Also if the deed gives you complete right by sell and registration than the missing sentence doesnot make a sense here as you have valid title to property also the sale deed gives complete right even though you can seek a amendement.

In case the seller is not available make an application. To revenue officer get amendment done on separate document take certification of the revenue officer on same

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may file a civil suit to correct the sale deed but you need the vendor to testify in your favour to make the corrections and create absolute ownership of the property. After the court order the amendment will be the part of the sale deed and will be recorded by the Registrar as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can execute a Registered rectification deed for the same

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

If you have completed the registration of the absolute sale deed then you are the absolute owner. Right to sale is not at all a sentence that will figure in the sale deed. How can this prevent you from renting out the property in favour of third party.

If this is indeed causing a problem, then request the seller to come once more to the sub-registrar office and get a rectification deed done at a minimum cost. This should solve the problem once and for all.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

To me this does not seems to be a huge problem, which this MNC may face after renting your property.

If your vendor is available, carry out a rectification deed to incorporate the missing sentence in the sale deed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. If the property is registered on your name then you do not need to refer the sale agreement clauses for rent-out, since you are the absolute owner of the property. You have all the rights on the property.

2 If the property not registered on your name and would like to rent-out the property ( having only sale agreement ) then you need to refer the clause on sale agreement for Right to rent / sale. If no clause about rent-out on sale agreement then you need to rectify it by creating rectify deed with the consent of the owner. This can be done with registrar office where sale agreement registered.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Hello,

Contact the lawyer again and move a rectification application before the concerned authority.

The same will be corrected, do not worry much.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) You can go with correction deed or rectification deed

A rectification deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. This is also known as the confirmation deed or correction deed.

2) Why is Rectification Deed required?

It is common knowledge that sale deed is an important legal document that transfers the ownership of the property from the buyer to the seller. Though prepared by an efficient lawyer with utmost care, errors may occur in a sale deed at times. Some of the common errors made in a sale deed are:

Incorrect description of the property such as its area and dimensions

Incorrect description of the parties such as their names and addresses

Incorrect location, address and survey number of the property

Incorrect description of revenue records

Incorrect information about prior title deeds

Incorrect details about ownership or power of attorney

Typographical errors

Any errors in sale deed, however minute or unintentional it may be, can lead to litigation and may result in the cancellation of the transaction. A sale deed is executed on a stamp paper of considerable value and it is not possible to execute different sale deeds when errors are detected. In such cases, a rectification deed can be executed to make the necessary corrections without affecting the transaction.

Now you may wonder whether a rectification deed is required if the mistakes are identified before registering the sale deed. In such instances, errors such as incorrect names and addresses of the buyer or seller, description of the property, etc. can be corrected in the sale deed itself, if they are identified prior to registration. The corrections can be authenticated by the involved parties (buyer and seller). A rectification deed is not required in such circumstances.

If a factual error pertaining to property measurement, terms of the transaction, etc, is identified, the particular page should be changed irrespective of the stamp cost on that page.

3) When to execute a Rectification Deed?

A rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. A rectification deed should be executed only if all the parties involved in the original deed agree with the addition, deletion or modification of any terms or information referred in the original deed.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir you can get a rectification deed done in local sub registrar office. Rectification deed is a supplementary document executed between the YOU and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors.

The missing of right to sale may cause problem when you are selling premises not when you are renting.

If you can get the rectification done with help of seller then you can prevent further damage when you go to sale property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Execute a Rectification Deed .OR. if required for Banking /Renting purposes, THEN execute a Indemnity Bond, indemnifying the opposite party, against any losses. This would suffice for all legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi, there is no risks in renting out the property.. You are the sole owner and have a clear title and posession over your property.. You can sell , mortgage or lease it out as per your own will and wish ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

A. Since you are the absolute owner of the property by virtue of registered Sale Deed (Assuming Registered Sale Deed) that you are free to enter into any type of agreement and you have vested right and power to sell the same to any person even though sentence was missed.

B. As far as the Sale deed's clause is concerned, please share your Sale Deed copy to any advocate working in this forum and get legal clear clarity towards your query.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Dear Sir,

Get an rectification deed from the original owner, if dead then get it from his legal representative/s.

File suit for declaration and fix some two dummy persons as defendants and get compromised decree.

In practice the tenants cannot question and peep into the title deeds except the documents regarding possession. If you are having legal possession supporting documents then it is sufficient.

In case the parties do not have mutual consent, the affected party needs to seek the intervention of the Court by filing a suit under Section 13 of Specific Relief Act.

Cancellation deed attracts stamp duty in accordance with the Indian Stamp Act. If the main deed is required to be registered under the law, the cancellation deed also needs to be registered. Unregistered documents may be cancelled by consent of all parties. All the parties concerned should sign the document, certifying its cancellation. It is to be noted that a duly executed and registered deed of conveyance cannot be cancelled by mere deed of cancellation. The parties need to execute a reconveyance deed and get it registered.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You have to get a registered rectification deed executed rectifying the observation you have made now.

You can advise your vendor by a notice to execute the same at your cost.

If he fails to respond or not willing to do this, you may approach court with a mandatory injunction suit against him for a direction to execute this or through court.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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