Dear Sir, I have purchased a land during August 2020. However, there has been mistake in the surname of sellers fahter who has died long back. His actual surname is Ray, however, by mistake the surname has been printed as Singh. We have checked with the registory office and they have informed that complete deed will be changed and full stamp duty and registry charges will be applicable if i go for rectification deed. Alternativly, they have advised that affidavit may be executed with the seller, which will resolve the issse. Please advise whether affidavit will suffice the mistake.
This is typing mistake arising out of human error.
However this mistake is material. Therefore you must correct this mistake by way of a fresh registered deed of rectification. Thus can even be done unilaterally though presence of seller makes it more convenient.
You need to advice the seller to approach State Government Gazette office for corrections in the name of his father.
It is legal and admissible under Registration Act 1908 and Transfer of Property Act 1882.
Deed of rectification has to be executed to rectify mistake in seller surname
mere affidavit would not suffice
Will affidavit done by the seller of the property not work instead of a fresh registration deed for rectification as i will have to pay full stamp duty and registration which is huge amount.
Affidavit will not suffice deed of rectification is necessary
Affidavit of seller has a value but less.
In addition to the affidavit executed, ask him to publish change in name of his deceased father in official Gazette of Government of Bihar at Patna.
No need for rectification in sale deed or agreement between you and seller which would attract extra stamp duty.
Mistake is not in seller surname, it is in his father surname who has died long back. Whereas all the document submitted by the seller i.e his adhaar card along with the sale deed have correct father surname.
Surname of seller and father would be same
you mean to say that seller surname is correctly mentioned in sale deed kindly clarify
They are lying, rectification deed with 100rs fees. Sub registrar cannot refuse to register rectification deed.
No stamp duty payable expect rectification fees which is maximum 100 to 500rs.
And this is not a big error, even without executing rectification deed, sale deed is perfect. And in no case stamp duty payable.
This is a minor error that too involving the name of the father of the vendor, particularly his surname.
After purchasing the property by a registered sale deed in your favor, there should not be any change in your own name which may cause a legal hassle st the time of you selling the property.
Hence this minor error may either be ignored or procure an affidavit from the vendor stating both the names are one and the same along with a newspaper publication which would solve your problem.
The registered rectification deed to rectify this minor error would involve huge cost, hence you can decide wisely.
Yes, the suggested affidavit should solve the present problem.
The rectification deed may be a costly affair.
Thus this is a minor error which is ignorable, even an affidavit may not be required.
However, since you are concerned about this error, an affidavit as suggested may be procured through the vendor which would be more than sufficient.
No problems.
Let him do it after all he is legal heir of the estate of his father.
After the demise of his father, whatever Estate is available would go to his son and son is full authorized to make application for corrections which appears genuinely on the face of the records of Government, documents and facts relating to the land which are the subject matter in the current post.
Ask seller to take certificate from court for change in name for rectification deed to perform correct name to applicable on particular property.
Your problem will get sorted in one shot.
- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.
- 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.
- Since, there is an error in the sellers fathers surname in your registered Sale deed; hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
- You should approach the Registrar directly for the same , as this come under the typographical errors , and fresh registration of the deed not required.
No for rectification of specific word the charges are not full it's per word charges
Affidavit will suffice the purpose
Affidavit can be done. But a rectification deed can be done also and full stamp duty doesn't have to be paid again. Some stamp duty has to be paid.
You don't have to pay full stamp duty again. This is ridiculous. A rectification deed has to be made and registered.
You should make a rectification deed and register it.
Dear sir,
Affidavit will solve the purpose.
This can be rectified by a rectification deed singed by the Vendor, another option is please make a declaration affidavit that Ray and singh is one and the same.
either Rectification deed or Affidavit.
As it is a simple mistake so an affidavit attested from Notary or executive magistrate will be enough and better than paying complete stamp duty and registration charges.
