Deed of rectification has to be executed to rectify mistake in date of execution of sale deed
it has to be duly stamped and registered
I bought a plot and got the sale deed duly registered on 2nd july 2020. The stamp paper was bought a day before on 1st july 2020. Now the problem is by mistake the very first line mentioning - "The Sale Deed is made and executed on" has the date 2nd of june instead of 2nd of july(original date). I saw the mistake after getting my originals from sub registrars office. Apart from this mistake the whole deed is well executed (All consideration is paid through bank transfers and cheque numbers mentioned, registration charges paid n all). All other dates apart from that date are perfectly correct. My question is should i rectify this mistake or keep it as it is as all the transfer formalities have been done and i got my originals as well.n also what are the formalities to rectify this mistake?
Deed of rectification has to be executed to rectify mistake in date of execution of sale deed
it has to be duly stamped and registered
Don't worry, this is a taping error.
Since the date of execution is shown to be much before the date of purchase of stamp paper this is material error.
So with the written application to Registrar you can manually correct the date on original deed. Otherwise register a Deed of Rectification. This is essential to remove this mistake asap.
1. See as such their is no issue on date wrongly mentioned in the sale deed as the registrar during registration has mentioned the correct dates though if you want to rectify same a rectification deed can be created and registered before sub registrar office.
A rectification deed should be registered. This is a very serious issue and should not be ignored. The registration was done on 2nd July as will be mentioned in the records. In the sale deed it would be different.
1. IF the Sale Deed was duly registered before the Registrar of Sub-Assurances with digital photograph and thumb impression and signature and two witnesses signatures in presence of Registrar, and the Index-II has dates properly mentioned THEN there the "date" error may legally ignored. Further there is no legal need for any type of "Rectification Deed"
2. IF the deed is duly registered, THEN such deed is legally valid for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
Hello,
Yes you should get the same rectified as the same may cause problem in future.
A rectification deed will have to be filed in order to the same changed.
Regards
This is not a grave error, agreements are executed on present date while effective from back date.
Registration date shall be 2nd duly but as per sale deed, your purchase date will consider from June.
Sale deed have to register with in 4 months fromt the date of purchase. So your sale deed reflecting that you have purchased in June but got it register in July.
i have got divided opinion here. Half of the respected lawyers here adviced for rectification deed and half adviced to do nothing saying its typing error and can be legally ignored as registration date on all papers confirms the original date sale deed date,EC also reflects that the deed was executed on 2nd july. . Now to conclude i want to know wat could b d consequences if i keep this deed as it is and dont go for rectification deed ??. is it absolutely neccassary to go for another rectification deed or i can avoid? pls guide
If seller is willing to cooperate than rectify it. Issue will solve for once and for all.
If not agree than also your title is perfect and sale deed valid.
You can keep the same but you may face problem in further sale as stamp paper can't be of later date it can lead to fraudulent transaction
If tomorrow you want to sell the property you may face problems as date of execution of sale deed is wrongly mentioned as June 2020 instead of July 2020
1. See in future if you go for resale the buyer may object though it is not absolutely necessary but you may get a rectification deed signed to avoid future issues.
It is not a complicated process. It can be done very easily. Moreover its a property which you own and not something which can be ignored.
The person buying the property in future will not take that deed and accept it. He may raise objections to it.
If later you wish to sell the property then the purchaser may raise objection to the same and you might face problem.
Rectifying the same is no a Herculean task, you may get the same done and be care free then.
Regards
Hi
1) In law, Section 23 read in conjunction with Section 25 of Registration act, permits registration of documents within 4 months from the date when the agreement is done.
2) So, legally, based on stamp paper date i.e 02 June 2020, will now mean that parties agreed to sell and sale deed was executed on 02 June 2020 , but registered at Sub-Registrar office on 02 July 2020.
3) There is no legal infirmity in sale deed being executed on 02 June 2020 and registered on 02 July 2020.
4) However, it is advisable to rectify the date from 02 June 2020 to 02 July 2020 given the fact that
a) Possession was handed over to you on 02 July 2020. Since possession is closely related to your title, ownership and interest in PLOT, it is better that you have the rectification deed executed and more so given that the sale deed was executed just 4 days ago.
5) For filing rectification deed, (it is a 1 page rectification of date typed in a stamp paper)
a) both the parties to sale deed should affix their signature and
b) get the rectification deed registered at Sub-registrar office and
c) Annexed to original sale deed.
A rectification deed can be prepared by the document writer at the sub-registrar office only and no need to spend huge monies on the same.
6) It will cost you about Rs 3000-/-(stamp duty and registration charges, documentation charges etc) at Sub Registrar office to get the rectification deed done.
Hope this information is useful..
- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.
- Further, If a deed contains simple mistakes like mis-spellings in names, description of property, dates etc , then these mistakes can later be corrected through rectification deeds.
- Since, there is an error in the mentioning of execution of date your registered Sale deed; hence it comes under the typographical error.
- Hence, you can rectified the deed after executing a Rectification Deed, and the sellers appearance for the same is mandatory to sign on the same.
- The parties are required to pay rectification deed registration charges and stamp duty as per the laws of the State from the office of the sub-registrar's office where the original deed has been duly registered.
- Further, if the seller refused to cooperate or missing, then you will have to file a suit before the court under Section 26 of Specific Relief Act 1963.
- As you have purchased the stamp papers on first July , and the registered /execution date is 2nd July from the office of Registrar , hence by mentioning that the execution date is 2nd June , it creating doubt over your sale deed , and further you may face problems as well at the time of taking loan from the bank or selling the same.
- Hence you are advised to execute the Rectification deed as i mentioned above.
Good luck and dont forget to rating Positively.
Yes it is a typographical mistake only.
Going forward, if the property is mortgaged for raising loan / offered to sell, the issue will be raised as to the typo.
Thus, to avoid complications, it is better to get it corrected by executing Rectification Deed.
It is only a formality and avoids future complications.
will this rectification deed b attached to the sale deed in sub registrars or will it b a different documents altogether?? Wat are the important points I shud put in rectification deed?
1. It will be different document, you may mention in rectification deed that due to typographical error the date in first line on page no. 1 is misprinted and same is 2 july and same is rectified vide this deed.
In rectification deed it should mention that in sale deed by mistake date of execution is wrongly mention as 2 nd June 2020 instead of 2nd July 2020
it should be stamped and registered
Dear,
There is nothing wrong in the document. The facts of your sale deed shall remain that the sale deed was executed on 2.6.2020, stamp duty purchased on 1.7.2020 and registered on 2.7.2020.
Legally, your deed is correct in all respects. No need to take any advice from anyone.
This is a mistake which may create problem at a later date especially when you try to sell the property at a later date and the purchaser may demand you to rectify the date on the advise of his advocate.
Hence it is advised that yo better get a registered rectification deed executed now itself to correct the mistake and be free about it in future too.
You have been advised to go for registered rectification deed to rectify the date of execution of the registered sale deed, because it may create problem for you itself while you are applying for loan from bank based on the registered documents of this property.
If you do not want to do the things properly as per the legal requirement and decide about facing the problems in future, then it is your decision.
This rectification deed will be executed by a separate document and shall be considered as part of the original sale deed.
You do not have to add any extra points on this except to rectify the date of execution of the sale in the original sale deed.
In such cases a deed of rectification is required to be done with all parties present at the registry office from where the deed was registered
Rectification deeds contain the names and addresses of the parties involved, details of the original deed and description of the rectification to be made.
It will be attached to the sale deed.
Just the point that inadvertently the date has been wrongly mentioned and the correct date is _________
Regards
The points which were missed should be put ie the date of registration. Your lawyer will draft it. Yes it will be attached with it. Rectification deed doesn't have any independent existence.
It is a separate document which will be appended to the original sale deed.
Only point which needs to be captured in the Rectification Deed is correction to be made with regard to Date of Execution.
Yes you should rectify the mistake by making an application for rectification of document on ground of clerical or typographical mistake.
But typographical error can be ignored on ground that deed was registered on 2nd of July and EC records also mention same date
Please prepare and file an Affidavit along with rectified documents and deeds with extensive explanation that this error has occurred due to clerical errors and done inadvertantly .while registering the sale deed.
- This Rectification deed a separate document to be registered , however at the time of rectification deed execution , one copy of the sale deed should be attached.
- There should clearly mention that at the time of registering the sale deed , the date was wrongly typed and is mentioned , and hence with this rectification deed ,now it is corrected as 2nd July execution date.