Sale Deed for undivided share of land
In my sale deed for purchase of undivided share of land, which has also been Rregistered (purchasing a flat in Chennai), the amount is mentioned correctly and the seller has acknowledged having received the consideration. But cheque number and date of cheque is not mentioned.
Is it suffice to get a Receipt from the seller mentioning the Document number and receipt of cheque or a Rectification Deed required. The seller is reluctant for a Rectification Deed.
Asked in Property Law from Chennai, Tamil Nadu
Mention of cheque number or date in the sale deed will not become a very serious issue especially when the mode of payment as cheque has been mentioned in it clearly.
Do not waste time on rectificate deed or anything over this good for nothing issue.
Mode of payment as cheque has not been mentioned. The seller has only acknowledged receipt of the sum in full and conveyed the UDS in the sale deed registered
Asked 2 years ago
Even if the mode of payment is not mentioned, if the sale consideration amount has been acknowledged by the builder and endorsed properly in the registered sale deed, it will be sufficient to prove that the builder has receive the payment for the property
Therefore a rectification deed may not be very essential in this issue or necessary not only now even in the future because you have taken possession on the basis f the registered sale deed.
1) if the consideration is correctly mentioned and duly acknowledged by seller in sale deed it should suffice
2) further if receipt is issued by seller mentioning cheque number , date of cheque and amount it would serve the purpose
3) if however you want to play safe deed of rectification can be executed
1) mode of payment by cheque ought to have been mentioned in sale deed
2) enter into deed of rectification to mention detailed particulars of consideration
1. The cheque number and date of cheque are not required to be mentioned in the sale deed. The mere statement of the seller to the effect that he has received the consideration shall suffice.
2. Rectification deed is executed to rectify an error in the original deed. The omission of cheque number and its date is no error at all.