Yes, Rectification deeds can be executed only if the errors in the original deed.
Doubts in sale deed
They sold through gen power of attorney..is he enough for rectification deed..
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
13 Answers
am planning to purchase a house with uds 690 sq ft..In the sale deed : This 690 sq ft is bought by seller from 3 persons with 230 sq ft each..with relevant parent documents(690 sq ft of shedule c is derived from 1+2+3 items in shedule b)..but in the shedule section,they missed item 3 in shedule b..(like missing a page)..but in the next page ,continued like shedule c containing 690 sq ft is sold to above person..parent documents of each items(230 sq ft) is there..is this a major issue..seller says he can bring person(power of attorney)for rectification..is it ok .
Asked 7 years ago
See the general POA is enough for sale therefore they can rectify using same sale deed.
Get the confirmation / rectification of the sale deed from the previous seller that shall protect your right . If you get confirmation then it is no issue title is clear.
POA should be registered
POA can execute rectification deed
Once deed of rectification is executed by POA in behalf of vendors it should be sufficient
1. Yes, it is a major mistake which can not e ignored anymore.
2. So prepare a deed of rectification which require signature of all parties to the sale deed. This requires registration as well but no stamp duty is necessary anymore.
3. once this is done the defects would be cured.
1. If it has been sold through a GPA then agent i.e GPA holder can execute the rectification deed.
2. In the factual scenario narrated by you it is imperative that rectification deed is firstly executed so that there is no defect in title.
1) All three previous seller should be present there if GPOA is not registered or you can include all parties name in your sale deed and take their signatures.
No need for rectification deed, execute sale deed giving proper description of property shall be enough. Stamp duty on POA must be paid on 690 sq ft area, hence, it is confirmed that actual area is 690 sq ft
- As per the information mentioned in the present query, makes it clear that the seller is having the valid documents, but there is only one missing page.
- If he wishes to, he can get the certified copy of the same from the registrar’s office after paying a very minimal fee tot he revenue state.
- If not, then as he has been saying he can go for the rectification deed then I advice you to aheadfkr the transaction, but do make some more enquiry about the land from the neighbours or form the local police station, just to know if any incumberency is there.
Good Luck...!
If the power agent executed a registered sale deed, then he can be competent to execute a registered rectification deed also, however a confirmation about the survival of the principal is always better
This appears to be a subject related to a missing page in the document, hence rectification deed is not a solution.
You ascertain the actual problem and ask the vendor to solve it legally instead of hurrying up with a rectification deed.
The general power of attorney and rectification deed both needs to be registered
