• Sale Deed for undivided share of land

Sir,
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. 
Please advice
Thanks
K. Ananthjapadmanabhan
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
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.
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
25965 Answers
1414 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
25965 Answers
1414 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
25965 Answers
1414 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6421 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
809 Answers
55 Consultations
5.0 on 5.0