• Sale deed of commercial property is registered as residential property by mistake

A commercial property is registered by way of sale deed duly registered before addl district registered as residential property. now after 8 months from date of this i come to know about this issue. i want to know is it possible to rectify this mistake by way of executing a rectification deed or any other legal procedure i can take up to resolve my issue.

thanking you
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Deed of rectification has to be executed to rectify mistake in sale deed 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

 By Rectification Deed you can solve this issue and you need to pay difference amount of stamp duty and registration charges and fine amount accordingly. Kindly contact the same Addl district Registrar.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

Dear sir,

Yes, the mistake can be rectified by executing  a rectification deed.

You'll also have to pay the difference between the stamp duty and registration charges. For the exact procedure you'll need to contact the office of Addl. District Registrar. 

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 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.

- 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.

- 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.

-  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.

- Since there the mistake is that residential property has typed in the place of Commercial in the Sale deed; hence it comes under the typographical error.

- You can corrected the said mistake after registering a Rectification deed legally. 

Mohammed Shahzad
Advocate, Delhi
13360 Answers
199 Consultations

5.0 on 5.0

In case the seller is ready, get the Rectification Deed executed and registered.  Get the Rectification Deed prepared ftrom whom the sale deed was prepared. The contents of RD would be mainly that the word "residential" be read as "commercial" in the sale deed  bearing number so and so  and this RD be read as part of SD DT... Regd on... Book No.1, volume. No.......

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

Yes you can execute a rectification deed and do the needful

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

1. A rectification deed has to he signed and registered before the registrar office and by the same issue can be resolved. Buyer and seller along with witness need to remain present for registration.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Rectification deed will do

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

There is no problem in title of the property if you wrongly describe it as residential property. 

If this is a house property then it has saved you a lot of money in terms of stamp duty which benefit would be taken by your buyers as well if and when they buy this property. 

Devajyoti Barman
Advocate, Kolkata
22876 Answers
492 Consultations

5.0 on 5.0

Yes that can be done. A rectification deed must be registered stating the mistakes committed in the original deed and paying the requisite enhanced stamp duty.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

If you are the buyer of this property, you may approach the vendor to execute a registered rectification deed to rectify this blunder mistake.

You may not be able to use this property for commercial purpose if it was registered as a residential property.

You may have to pay an additional stamp duty owing to the excess value of the property when it is converted into the commercial property.

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2216 Consultations

5.0 on 5.0

you can opt for the rectification deed, however, you may be required to pay additional fee & documents since the property is commercial,

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

1. Send the original Sale Deed (of Residential Property) alongwith certificate from local Municipal /Revenue office which must state the "Commercial Property" status.  All this send for "Adjudication" to the district Registrar of Assurances AND inform of the "inadvertent mistake" and your willing to pay the difference in Stamp Duty applicable to Commercial Property instead of Residential Property. (Registration Fees remains the same).

2. AFTER you get order of adjudication, simply pay the Stamp Duty and retain the Adjudication Order and Original Sale Deed for all futuristic legal purposes like Sale /Gift /Transfer /Donate /Mortgage/ whatever...., which includes Income Tax purposes.

3. There is no need for rectification deed. Do this preferably thru a local Registration Agent.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Rectification deed within a year.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You need to make a deed of declaration to rectify the mistake. You can get in touch with me if you want to proceed further.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

If seller is agree to appear before registrar than can execute rectification deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The said rectification deed can be done withing one year of registration. You are suggested to go for it.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 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

Yes you cn go for rectification deed on ground of clerical error done during registration of deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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