• Wrong name of seller (Meena in place of Meenu) in estamp paper

Hello Sir, I am purchasing a resale flat from owner. We have signed notorized agreement in which I have paid some advance amount and rest will be paid after loan process.
However, name of the seller is mentioned as Meena in stamp paper (typing mistake) while actual name is Meenu.
1) What is the way to correct it?
2) Will it affect the loan process?
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

22 Answers

1. Get an Affidavit from the seller stating that the correct name is Meenu and due to typographical error the name in the sale agreement has been shown as Meena, instead of Meenu.

2. Let the Affidavit also contain that the name "Meena" mentioned in the sale agreement and the name "Meenu", belong to the same person.

3. This typographical error does not affect the loan process.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. FIRSTLY, "Notarized Agreement" is illegal and is also a prosecutable offence for concealing and evading Stamp Duty and Registration Fees. Further Banks will not give loan on notarized agreement.

2. Any type error or inadvertent mistake in a legitimate agreement can be corrected via a registered "Rectification Deed".

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Then you need to do nothing. Go ahead.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Which stamp you are talking? Stamp on which agreement is executed ? 

Correct the name by hand and mark initial of both parties. No big deal.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) you can correct typing mistake and take signature of both parties on page where alterations have been done 

 

2) it would not affect loan process 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If in sale agreement correct name is mentioned you should not face any problem 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Forget the eStamp Paper. IF name is correct in the legitimate Agreement, THEN there is no need to do anything or any corrections.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Ma'am,

An error in e-stamp paper alone will not create any problem. There is no need to correct it. Do not worry.

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

E stamp paper can be rectified so for this purpose you have to submit b e paper along with me approval from the treasury officer to the the organisation who has issued this stamp paper you will get a duplicate stamp paper and you have to deposit the previous one with corrected name

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Please approach the competent authorities and inform them by E-mail about correction in the name of E-Agreement. They would allow you after charging some nominal fees. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The spelling mistake in the stamp paper for the unregistered sale agreement is not an error that has any adverse effect.

The loan shall be processed based on the documents of the property including the sale agreement and not on the spelling of the seller in the NJS paper. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Don't have to correct this minor and ignorable error. 

It will not be a cause of concern. 

Just forget it.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the amount of stamp is not much and can be purchased again than buy a new stamp and get a fresh document with corrected name prepared. 

If value is high than correct it by pen and get it registered again.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Since, the said agreement is not registered from the office of registrar, then you can correct the same , and take the signature of the seller , and further can prepare another agreement after cancelling the this agreement .

- Otherwise, you both can enter into a Rectification deed after correcting her name , and further notorized the same like the agreement. 

- Check with the bank , there is possibility not to accept unregistered agreement for sanctioning loan . 

- If the name is mistake in only e stamp paper , and the sale agreement is containing correct name , then no need to change the same , it is a valid document , as Sale deed will have the contents of this agreement and not e stamp paper. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

this cannot be an issue. it can be corrected by making an application at the E-stamp Stockholders Office. mentioning your detail and correction they may charge a little amount and reprint the Stamp Paper. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Another  way is, you can use a whitener and correct the mistake on the stamp paper. Affix your signature near the correction thereby acknowledging the same. At the end of the document give a note that such and such correction has been made. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

A rectification deed must be registered ie another stamp paper which should mention this mistake. It should have signatures of the parties.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ok. Then it should be cancelled and another taken by stating the correct name.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Such typo error occur in the name when the documents handled by different persons and the said error is not of much value. But one affidavit may be prepared that the both the names belong to same and one person. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should correct the name in agreement by pen and take signatures of seller on correction or execute a fresh agreement with seller.

2. Yes it will effect loan process because bank will check name spellings on sales agreement and sales deed.

3. If name is incorrect in estamp only then you can take a name declaration affidavit from seller that name mention in e stamp was inadvertently mentioned as meena.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It's ok you file an affidavit to do it asper you. Otherwise new document 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Send a letter to the concerned authority to rectify the mistake.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer