• Stamp paper bought on 1st July 2020 and date of execution on sale deed is 2nd June 2020

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?
Asked 4 years ago in Property Law
Religion: Hindu

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36 Answers

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 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You need do execute rectification deed for the same and get it rectified

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

It casts a doubt on genuineness of the deed and must be corrected  

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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..

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You need to get it corrected by executing Rectification Deed.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

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.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Go for rectification application. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Rectification deeds contain the names and addresses of the parties involved, details of the original deed and description of the rectification to be made. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Yes it will be again a registered rectification deed. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Correction in sale deed, no extra paper will attach. Only for correction of date will apply.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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