• Doubts in sale deed

If rectification of deed not possibile due to nonavailability of vendors to previous seller,seller is telling they are going for an affidavit for correction and family settlement before selling to me..is it ok..is the affidavit valid for long term??whats a clear solution to this problem..??
Asked 7 years ago in Property Law
Religion: Hindu

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21 Answers

See affidavit is valid though but it is better to get rectified through registered deed or a suit for rectification can be filed in the court under specific performance act .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Mere affidavit is not sufficient 

 

 

2) purchaser

may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

3) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Sale deed has been executed by original seller in favour of the purchaser 

 

2) since original seller is not available to execute deed of rectification the purchaser has to file suit as mentioned herein above 

 

3) you don’t have to file any suit .it is current owner of property who has to do it 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

No, this is not right and might cause problem in future 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It will be better if a declaratory suit is filed by the seller before selling the land to you

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file same if property if still not sold the seller can sell it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) You have to check all mutation papers before purchasing this flat and than work accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The rectification deed can be unilaterally done by the purchaser as well if the same is regarding typing error and not connected with correction of measurement of boundary.

However this can not be done by an affidavit under any circumstances.

So if you inform the corrections to be made then it can be advised if the rectification deed can be done by your seller alone or not.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

it is not possible to rectify any mistakes in registered deed by any other means. It can only be rectified by way of registered documents by both the parties of the previous deed or else you have to file a suit for declaration and rectification of the mistake

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

Yes it can take some time as court will take matter as per pendency.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Filing a suit for declaration and rectification is not an option.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Litigation is long drawn process 

 

if original seller does  not contest you would get speedy disposal 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Present owner have to file suit of specific performance for rectification if previous seller not cooperating.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

No, rectification deed can be easy for you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is a rectification deed need to be excuted, but vendor to privious seller is not available.
  2. Let me tell you that before going to purchase the same, tu should make an enquiry about the property that there shouldn’t not be any type of incumberrance.
  3. Yes, everything should be on paper, like for the family settlement if any and NOC from all present members who may claim their right over the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This will not suffice. Sale deed is executed by the seller in favour of buyer, so if there is any typographical mistake therein the remedy is to execute a rectification deed for which you require the seller on board,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Suit for declaration will surely take time to be decided by the court.

2. Whether suit for declaration is the apt remedy in this scenario or not cannot be decided unless you let us know what is the mistake in the sale deed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No the unilateral affidavit is not valid for long term. If some persons challenge it then you can get in to problems. You need approach civil court for appropriate directions.

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

The proposed affidavit is not a compensation for the rectification deed.

If the rectification deed is not possible then a confirmation deed may be executed.

Confirmation deeds are also known as correction deeds. They are entered into between parties to rectify any errors made in a previous deed. These errors may include typing error, misspelt name, error in property description, or any other error in execution of the documents. These mistakes can be later corrected through a deed of confirmation. 

A confirmation deed means assent to the estate already created. By the confirmation, the parties further strengthen and give legal validity to the estate. A person may confirm and assent documents of conveyance executed by another person. 


 



 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

A rectification deed has to be execute by the seller only thus any such amendment has to be carried out by the seller alone.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Of course, the declaration suit and rectification suit is a regular case in the civil court which is undoubtedly a time consuming process.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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