• Rectification of nearer site number

As am going to purchase the Property who is selling and in that Our Site Number and the West Site number both mentioned as a same (Our Site Number is 5, West is 4, East is 6, South by Road & North by Private Property) as it is mentioned as Our Site Number is 5, West is 5 (Instead of Site Number 4), East is 6, South by Road & North by Private Property.

How can I resolve this as the we are able to trace old property seller as we have only the seller who is owning the property presently.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Sir, first your vendor can rectified the said sale deed by way of rectification deed of sale. If your vendor's vendor no more, at that time your vendor (present owner) to survey the property through jurisdictional Government Surveyor and to fix the boundaries and thereafter rectified the same next sale transaction ( transfer of right). With regard to loan, bank will give loan on their own strategy (terms and conditions), if you have clear and valid title over the property the bank will sanction the loan. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Dear Sir, you can rectify before loan.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Deed of rectification has to be executed by seller to rectify mistake in site number

Deed of rectification should be stamped and registered

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You would be eligible for bank loan if title is clear and marketable

Deed of rectification is to be executed as advised herein above

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

In this case, you will have get a rectification deed executed in your favour from the seller rectifying the said mistakes.

It should be registered compulsorily, after payment of nominal registration fee.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You'll have to get the rectification deed executed as well as registered before taking loan, as without the rectification, the bank wouldn't approve your loan due to such defects in title.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Sir,

DEED OF RECTIFICATION

This DEED OF RECETIFICTION is executed at this the day 2004 between

s/o residing at

hereinafter referred to the RECTIFIER/VENDOR which term includes ts successors and assigns of the ONE PART;

AND

s/o residing at

hereinafter referred to as PURCHASER which term includes his heirs, executors, administrators, representatives and assigns of the OTHER PART

WHEREAS the property more fully described in the Schedule hereunder was sold by the Rectifier/Vendor in favour of the Purchaser herein in and by sale deed dated and registered as Document No. of of Book1 volume filed at pages to on the file of the Sub Registrar of hereinafter referred as the Principal Deed.

WHEREAS in the Principal Deed dated in line of page No. and in line

of page the Survey number of the property was wrongly typed as instead of .

WHEREAS this typographical error has come to the knowledge of the above said Purchaser and requested the Rectifier/Vendor to rectify the same.

NOW THIS DEED OF RECTIFICATION WITNESSETH AS FOLLOWS:

That in the Principal Deed dated in line of page No. and in line of page No. the Survey number of the property conveyed is wrongly typed as is rectified as

by this Deed of Rectification.

That as rectified as aforesaid, the Principal sale Deed shall remain in full force and effect.

That no consideration has been received by the RECTIFIER/VENDOR for executing this Deed of Rectification.

SCHEDULE OF PROPERTY

(As in the Principal Deed)

SCHEDULE OF PROPERTY

(Rectified by this deed of Rectification)

Present Market Value of the Property is Rs.

In Witness where of the RECTIFIER/VENDOR and the PURCHASER have set their hands on the day and month year first above written in the presence of

WITNESS RECTIFIER/VENDOR

PURCHASER

Rectification deed

Such mistakes, errors in the deeds require to be corrected by execution of a supplementary document called “rectification deed”. Rectification deed is a document executed between parties for effecting corrections of the mistakes of facts / typographical errors which are committed in the original/principal deed. Rectification of deeds is supported by the various canons of law and is an equitable relief usually granted by Courts of Equity and is based on doctrine of mistake of fact. Once a rectification deed is executed, it shall have to be read as part of the original sale deed and copies of the extracts of the revenue records indicating the fact of execution of rectification deed are to be obtained and preserved along with the sale deed and the rectification deed.

Pre-requisites

In order to execute a deed of rectification, there must be bona fide mistake whereby the original deed does not reflect the true intention of parties to the said deed. More importantly the mistake should pertain to the facts and not for application or interpretation of law. However, there is an exception to this rule. The mistake of foreign law is considered as mistake of fact. Section 21 of Indian Contract Act is relevant in regard to this.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firslty, there must be the presence of the owner for the properties as to make an Police’s toon before the registrar and ask for the modification of the details in the records itself.

Secondly, once it is done then go ahead and buy the property.

Thirdly, it is necessary as avoid any future incumberrance if happens to you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

A rectification correction deed can be made and registered with the seller with the correct nearer site number, once the deed of rectification is signed the bank shall provide you with the loan.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See if the Maps are registered along property and bank on physical verification allow loan then you can get it ratified after loan also but since on loan the bank keeps originals documents most of time or an encumbrance on property is created better to get ratified prior to availing loan.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can solve this problem by obtaining proper legal opinion from a local advocate

A rectification deed may be executed by the seller in favor of the buyer but who did this mistake in the past is the question.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Do I need to change the Nearer site number before loan or can we make that after the loan also?

You cannot change it on your own, a rectification deed is to be executed by the seller in favor of the buyer.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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