• Rectification in gift deed

I am 25. i purchased a house in 2016, and it was a joint property with my mother.

After registration, the bank told us that they cannot give me the loan, as I have my mother as a joint owner, and I have a sibling too.

We then executed a gift deed in 2017, wherein my mom gifted the property to me, and I then got the loan.

I have now noticed the PAN card numbers of my self, and my mother are wrong in the gift deed. They are correct in house agreement, and loan agreement. My origonal documents are with the bank. I noticed these errors in Index 2.

How can i get this rectified? And what will be the costs involved?
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

This is my response to you:

1. You will need to execute and register the "Deed of Rectification";

2. You will need to pay the stamp duty as well as the registration fees at the office of the Registrar;

3. An example of a Deed of Rectification herein is like: this:http://www.tnreginet.net/pdf/Public_Utility_Forms_full/Deed%20of%20Rectification.doc

4. Make the changes in the clauses and register the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello... You can execute a Deed of Correction of the Gift Deed. Your mother and you shall be the parties. The amount of Stamp Duty for such a document shall be Rs. 500/- and the Registration Fee shall be Rs. 1,000/-

The fee for drafting the document may cost you anywhere between Rs. 2,000 to Rs. 5,000.

Thank you... Hope this is helpful.

Dinesh Aryal
Advocate, Mumbai
3 Answers

Not rated

Hi, you can get it rectified by giving a application before the registrar ..

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

Deed of rectification can be executed to rectify the mistake in PAN numbers

2) deed of rectification should be duly stamped and registered

3) stamp duty wold be nominal for execution of deed of rectification

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1. This is typing error and hence can be corrected by making a supplementary deed.

2. So execute and register a deed of rectification so as to remove this error.

3. This does not attract stamp duty and only a nominal registration fees is to be paid.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Hello,

You should notify the same to the bank and you can also get it modified by your lawyer .

Regards

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

File a correction suit in the civil court and request the bank to release the originals for the change.

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

1. A rectification deed can be made

2. Expenses involved will be stamp duty and registration fee which will be nominal, registration clerk fee and lawyer fee for drafting the deed

Yusuf Rampurawala
Advocate, Mumbai
5800 Answers
36 Consultations

5.0 on 5.0

1. Wrong PAN number on the gift deed does not bring the title under cloud. Be that as it may, a rectification deed may be executed to be on a safer side.

2.The rectification deed too should be registered.

3. The cost will be the drafting fee of your lawyer and registration expenses.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

Nominal fees, but the originals is lying with bank, so not possible without bank cooperation.

Well, you can get it rectify later also or error is not of that score which will effect your ownership through GIFT Deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Sir the wrong PAN card number want cause any prejudice in the title of the property. though you can make a rectification deed and register same by paying minimum stamp duty of 100 or 500 as prescribed in Maharashtra.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

The incorrect PAN details in the gift deed is not a cause of concern.

That is just an information about the individuals who are involved in the said transactions.

If you are very particular about this error you can get a registered rectification deed rectifying the error.

There is no stamp duty required for this but the registration charges for the fresh deed is to be paid.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

1) You can make rectification deed on 100 rupees stamp paper. Plus you may ask to registrar issue new copy of Index II as you had provided correct PAN numbers and its not your fault.

2) They will rectify this deed on their risk as fault is done by clerk.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

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