Dear Sir,
If there is no mistake in sale deed then there is no need for rectification deed. You just submit representation before the concerned Sub Registration office and get rectification otherwise it will be problem for you.
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Transaction not shown up in EC
Hi All, During registration process, data entry operator at sub registrar office they selected different village name (v2) and went ahead registration process. So this v2 is actually ward name which property belongs to thats y we also dint bother during registration process. But then when i took the EC my transaction is not shown up after investigation i figured that this hashappening was because of village name v2, my seller has bought this property using village name v1. Please note that there was no change in schedule of property of mine and previous schedule which my seller bought. we used same schedule information as of earlier. So question now i that do i need to go for rectification deed? i am asking this since there is no mistake in sale deed and also i had bank loan for this so do i need to rectify MOD as well? please suggest
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
1. There is no need for any rectification deed as there is no mistake occurred in the deed itself.
2. On the contrary it is mistake done at the registration office only and whatever corrections that are required to be done will have to carried put by the office only.
3. So make an application in the registration office so the error is removed and EC is properly updated.
4. If it refuses to do so then file a writ petition in high court.
1. Go for Rectification Deed to reflect the correct name of the village, in which the property is located.
2. Even though, as per your narration, there is no mistake in the sale deed, as also bank loan is sanctioned, still obtaining the rectification deed will be to your advantage.
3. Encumbrance Certificate is an important document and to obtain the EC indicating your property, rectification deed is essential to correct the mistake that has crept into the sale deed.
if there is no mistake in sale deed no deed of rectification is necessary
youhave taken bank loan mortgage must have been registered of property
however EC should reflect your transaction
Thanks for your response. I got the EC using village v2 while applying EC then i see my transaction but not older ones, also i got EC using village v1 while applying EC there i find previous transaction but not mine. Actually data entry operator told us that she has selected village v2 but we thought it should be fine but now its causing issue in EC but as i said earlier there is not change required in sale deed. Considering this do you still feel to get rectification deed? or just a request letter to sub registrar to fix this in their EC system.
Asked 7 years ago
If the fault is of sub registrar office they will themselves rectify it if they don't rectify can file Complaint to Registrar
I have already advised and nothing to add more.
make an application to district registrar for correction of entries in EC
2) enclose copy of sale deed
3) after verification of records the entries of your land would be rectified
This can be stated to the concern Sub-registrar and he/she will issue a fresh corrected E.C..
- As per the information mentioned in the the present query, makes it clear that everything is ok in he sale deed except the v2 problem which has been discussed above.
- I would Abbie you to go for the rectification of sale deed as it remains the part of the sale deed and even if you make a request before the sub registrar’s office then they would also ask for the same.
- Amd don’t worry, it won’t make you to pay the stamp duty again, just a rectification deed which would only cost few new bucks to your pocket.
If this is the problem of the staff of the registrar's office then you can submit an applicator to the office and get it clarified.
However if it was the problem of the document writer then you may have to execute a rectification deed to rectify the mistake.
You may first submit a letter requesting the registrar to rectify this error, if not then you may go for rectification deed.