• Rectification of wrongly entered document number of sales deed

I have purchased flat from another private person in 2010.
In sales deed, clerk of registration office has entered wrong 'document number' while stamping the document.
'Document number' is same as receipt number of registration fees paid to registration office.

Now I wanted to sale this flat. However the buyer's bank has pointed out the error and rejected the loan to buyer of my flat.

How may I get the registration office to correct the mistake. Is there any appellate authority which I have to approach?

This is not an error in main text of sales deed hence I feel 'rectification deed' is not applicable in this case. As 'rectification deed' will require presence of earlier owner too and the said person is demanding extra money for same.

Registrar is throwing up their hands as well, even though its error on their part which individual has no control on.

I think, Registration office itself should correct the mistake based on my complaint without need of 'registration deed'.

How can the issue be resolved?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

deed of rectification is not required as there is no mistake in sales deed

2) the Registering Officer has no power or authority to modify or delete any entries made in Book I or in the Indexes relating to Book I, by holding an enquiry relating to the validity of the document. Consequently, he cannot delete or modify any entry made in an Encumbrance Certificate (except where it may relate to a clerical error).

3) approach registrar for correcting the entry number

4) if he refuses file writ petition in HC to direct registrar to correct entry number in its records

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

This is not the matter of rectification but fault committed by registrar office, for which other party is not required neither any fee payable. Correct no. will be feed with initial and stamp on it.

File appeal to DIG stamp, if registrar refused to correct it.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. You will need to see the Registration Act for this;

2. As per section 68 sub-section of the Act:

68. Power of Registrar to superintend and control Sub –Registrars:-

(1) Every Sub Registrar shall perform the duties of his office under the superintendent and control of the Registrar in whose district the office of such Sub - Registrar is situate.

(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub - Registrar subordinate to him or in

respect of the rectification of any error regarding the book or the off-ice in which any document has been registered.

3. Therefore you have full liberty to file a complaint to the Registrar under that section;

4. You can also file a complaint on their website: http://igrmaharashtra.gov.in/SB_CITIZENAREA/citizenArea_GrivenceRegistration.aspx

5. If nothing works then file a complaint to these authorities;

6. The method of last resort is to file a Writ Petition in the High Court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. First of all approach the said registration office for the remedial measure which will be accepted by them since primarily it is their fault which they are required to correct.

2. If no remedy is prescribed by the Registrar's office, file a rectification deed praying for rectification of the entries wrongly made by the Registrar;'s office.

3. If the said deed is refused to be registered, file a writ Petition before the High Court against the said Registrar praying for a direction upon the Registrar to rectify the errors committed by his office in the said deed as ptayed for by you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) Actually you should have to present this issue in front of registrar within 4 months of the registration as per the Registration Act, 1908, Section 23A.

2) So the Registrar could have changed at that time freely. Now its not possible in free, you should make new document and re register by the same person make sale deed again.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir, you are right that registration office itself should correct the mistake based on my complaint without need of 'registration deed'. There is not an error in the main text of the sale deed hence rectification deed is not applicable.

Now, in case you do not have facts regarding the complaint with the Sub Registrar in writing, send a notice/legal notice through advocate/letter to the Sub Registrar concerned by post either by registered post or speed post and keep the track record from the indiapost.gov.in giving them time to get the thing resolved with 10/15 days failing which you have no option but to knock the door of consumer forum. After not getting relief from them, file a complaint with the consumer forum for getting the deficiency removed and compensation for mental agony, trauma and litigation charges. It may get some time but you would definitely get the relief. Hire a local lawyer. Good Luck.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

1. Pavti kramank and dast kramank are same?

2. Does your document appear in a search report?

3. Have you tried to enter the document number on online registration website to check if document can be retrieved?

4. If yes then bank's refusal of loan to the buyer is not justified

5. If document appears in registration records then what is the issue?

6. Had the document not reflecting in registration records due to erroneous dast kramank then it would be justified

7. This minor error should not affect your title

8. At the most you can execute an affidavit describing this anomaly and this can be attached to sale document

9. Request buyer to try another bank for loan

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

rectification of deed is very essential and should be registered and it will be very helpful to avoid future multiple litigations. All the best.

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

4.7 on 5.0

The issue should be bought in notice of the registrar as he has supervising authority over the subregistrar under the registration act though there is limitation for rectifying for mistake but the delay can be explained the registrar can pass such order to rectify the mistake.

If registrar donot do the needful file an writ petition before the high court seeking direction for registrar to correct the mistake committed by the department as same prejudice you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Any discrepancy in the description of the property or the document number in the sale deed haunts the buyer for years to come.

2. Rectification deed is not the answer in your case as the fault is at the end of the registrar's office, neither you nor seller is at fault. You may file a writ petition in the High Court to seek binding directions to the registrar to rectify the error immediately.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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