Deed of rectification is necessary to rectify mistake in sale deed
2) get deed vetted by lawyer before signing it
3) it is doubtful that rectification deed would help in obtaining e Khata
Rectification deed
Dear Sir/Madam, I had purchased a BDA approved plot 2 years back, i had verified all the documents thoroughly though an advocate and registration was done 2 years back. However i was trying to get E-Khata transferred through the builder, it was in landlords name as it was a landlord's share. Somehow khata transfer was not happening all these days, they were saying some technical issues. But now builder's lawyer has called me and now they are saying E-Khata transfer is not happening due to some technical issue, which no-one knows why, so solution they come is to do a rectification deed. When i asked about details on rectification deed, they did not tell any details but they are telling its just a dummy deed to push K-Khata transfer. So my questions are, i know basics about rectification deed, it is done to rectify any typos or errors in the sales deed. But still i am not convinced with what they are saying. So 1. What do i need to be careful before signing rectification deed? If what they are claiming is true then is it OK legally? 2. Secondly their claim of E-Khata transfer being not happened and rectification deed would make it easy for Khata to be pushed, is it believable ? Also i have taken loan from a Nationalized bank, hope its not a problem for them Thanks, Karthik
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
1 & 2. There is procedure that to file rectification but in your case rectification is not required why they are doing so I am not convinced , they are simply doing so to hide their criminal offence which they have committed and not convincing you, the offence of cheating because then the property was not in their name how they signed the sale deed and once the sale deed has been signed why rectification, so sign cautiously and in my opinion first take a registered POA in your name from the landlord and after the sale deed rectification POA will automatically cancelled.
1. Deed of rectification is done to correct the mistake in the description of name of a person or number or location of the property or some earlier deed.
2. This is of innocuous type and generally does not affect the title in the property and is made to clear the cloud over the title.
3. However before that do have a look over the deed and get it checked by an advocate. I am though skeptical how the deed of rectification would help in E-Khata transfer. However only after perusal of the deed could help me to make further comment.
1) You can check registered agreement that carefully and you may find what went wrong exactly. Kindly check below points
- Mutation records from last 30 years
- Land numbers
- Area numbers
- Portion of area
- placement of land ie demarcation as per layout etc
Dear client,
I think builder wants to change the false declaration to sell the property made in sale deed, so that buyer cannot able to file any complain against him for misrepresentation.
Don't go for rectification deed.
You should check the averments in the said rectification deed. You should check any contrary intention is not there to execute such deed
Dear Sir,
Any way they wish to get E-Katha, it is better to co-operate with them and take opinion as to whether it will effect your loan transaction if not go ahead, no other issue is there.
If thier is mistake then you can rectify through rectification deed.
The property is in your name and you have to apply for transfer of khata based on the Sale Deed. Have you paid the property tax? The jurisdictional Tahsildar office will process the application and can transfer the revenue records to your name
1. IF said khata transfer is not happening for ANY reason (despite proper registered agreement & possession), THEN the best way is to file a civil suit for declaration and directions to record the khata transfer.
2. Avoid falling into the racket, which you mentioned in the query. This is a routine racket to further mess up things. Rectification Deed cannot be conducted without Bank NOC (due to mortgaged property)
1. Rectification deed is resorted to only if there is a typographical error in the sale deed. It is not clear from your query as to what the builder wants you to rectify by executing a rectification deed. So do not venture to execute it unless you know what it is required for.
2. E-khata transfer is indeed problematic but a local lawyer can throw more light on this.
1. Without knowing what kind of rectification deed is on their sleeves to make things alright, no comments can be passed, in fact you yourself are uncertain about the kind of rectification deed that may be done by them, kindly make sure that there should not be an unnecessary rectification deed, because it may have an adverse impact to your property document.
You can refer the matter to your advocate who gave you the legal opinion in the initial stage for clarification.
E-khata is not reliable one, until you get A khata, dont worry about not gtting the E-khata, let it take any amount of time, since you have the original registered document to prove your title of the property, you can remain silent about this till the A khata is possible
- As per the information mentioned in the presnet query, makes it clear that you have been asked to go for the rectification deed.
- And yes, you rightly said it is to rectify any error in the actual sake deed, but surely it can’t change the actual contents/ clauses as such.
- If it is for any information or something then it’s ok, otheriwse I would advice you to say no to it.
- And get the information about the problem/ trouble in the Khata transfer then go accordingly.