Send email to seller that deed of rectification is necessary to reflect mistake in sale deed
you cannot purchase the property unless error is rectified
ask seller to refund your money as title is not clear and marketable
Typo in schedule of property in my sellers sale deed
I decided to buy a plot and for the same, I got all the document verified by a registered advocate. After getting the go ahead from the advocate, I made a sale agreement and paid an advance to my Vendor. I also made a second level of payment in the form of DD for closure of the Vendor's existing loan (which is > 50% of agreed amount). Post this it came to my notice that there has been a typo in the Sale Deed of my Vendor and his Seller (current Sale Deed). The survey number that was supposed to be 844/1, 844/2 and 844/3 has been mistyped as 834/1, 844/2 and 844/3. Unfortuntaley, the EC also reflects the same wrong Survey number which has been completedly overlooked by my Vendor, myself and ofcourse my advocate. The registration has been scheduled next week but now am not sure what I should do. My Seller says that he is not in touch with his seller so a rectification deed is a very bleak chance. What other option do I have? Am feeling uneasy about the latest development
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
You insist on your vendor to get a registered rectification deed executed rectifying this grave mistake or else you can inform him that you would cancel the agreement and demand him to return the booking amount with interest from the date of payment.
The incorrect survey number means that you are not buying the property you intend to buy, you are buying the property under a differnt survey number hence you cannot claim title to the original property you had intended to buy now.
Without proper details of the proeprty in the registered sale deed, you cannot claim clear and marketable title to the property now you desire to buy.
It becomes the duty of your vendor to rectify the grave mistake, if he fails to do so or reluctant about it then you can cancel the sale agreement and demand the advance amount with interest.
If he refuses to return the advance amount or cancel the sale agreement, you can file a suit for recovery of money given to him as advance towards purchase of this property besides giving a criminal complaint to the police against him for the offences of cheating and breach of trust for trying to sell a different property instead of the property for which he took advance and agreed to execute the sale deed.
Dear Sir/Madam,
You are suggested are to procced for the sale deed but get the proper endorsement done in regard to typo and this may solve the purpose.
Sir in your case, an amended sale deed correcting the typographical errors requires to be executed. You may note that your vendor can only transfer the best title which he has, and due to the typographical error, the vendor does not have the best title. You should put the process of further execution at halt and first make the necessary amendments executed. Further for your satisfaction and safety of the amount which has been already paid by you to the vendor, a separate MOU, or Agreement to sale can be executed.
Hello All, thank you very much for responses. I spoke to the seller today. Though he is not reluctant and he himself is worried after he got to know the issue, major concern is that he does not know the whereabouts of the person who sold to him. It has been 3 years. Now if rectification is not possible, should I refrain from further registration process and ask for refund or is there any alternate legal option for us to safely close the transaction? Please Advise.
Asked 3 years ago
Seller may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.
. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.
3) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit
The registered rectification deed rectifying the survey number only can confer title to the vendor.
Until then your vendor is not having any title hence without proper title he cannot sell the property.
Therefore it is advisable that you better stop the process of buying the property and if possible demand return of your advance amount.
You need time execute rectification deed in the same for the said typo error
1. Your lawyer committed a blunder.
2. A property is identified by its survey number. Hence, any discrepancy in the survey number is a deathknell for the purchaser in as much as it tends to make the title defective.
2. The discrepancy can be cured only by execution of a rectification deed between your seller and his seller. It is unlikely that this can happen now as either his seller will be untraceable or, if traced, he would demand his pound of flesh. Be that as it may, unless rectification deed is executed, property should not be purchased.
You may sustain your deed qua remaining two survey Nos. being 844/2 and 844/3. For 834/1 your previous owner and immediate vendor can file an application before concerned revenue authority and permitting you to rectify the error by directions of the Court also tell him to supply other connected documents being electricity bills, municipal tax bills, etc where in he can show that 844/1 is in his possession and not 834/1. Once this clarification is made good, you can make a sale deed for 844/1 separately indenting the same with sale deed made qua Survey no. 844/2 and 844/3.
Dear Sir/Madam,
You are suggested that there is no much harm in going ahead with the registration with proper endorsement. However, if you feel it unsafe, then you may discuss with the seller and get the deal cancelled.
1) A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
2)seller may file a suit before a court under Section 26 of Specific Relief Act 1963.
Hello All, As per most of the advise, I asked my seller to get the rectification deed done. He has now somehow tracked his seller and he has asked for the time to get the rectification done. So far he has been a gentleman and has assured me of the correction. Also if he has to do a refund, the only way for him is to take a loan again as I cleared his existing loan. So, both of us are going through our own agony (I am worried about the big money that I paid and he is having tough time to get the time form his seller). But so far he has been quite open and honest and he has kept me updated on all that happened on his side. He has promised a solution and asked for time and considering the fact that he too went ahead after my advocate gave an ok on the docs, he is not fully to be blamed. Do you think its a wise idea to wait for him? My payments have been through NEFT and DD to his bank. I have the sale agreement. Am I legally secured enough for my money? Please advise. Regards, Shankar
Asked 3 years ago
1) you can trust seller if he is making efforts to get deed of rectification executed
2) your interests are secured as payment made by NEFT and DD
The seller of the property is duty bound to provide the proper and authentic documents to the buyer while selling his property.
Thus it's his duty to rectify the mistake or else you can cancel the sale agreement and demand refund of sale consideration amount paid so far with interest.
You may decide about giving him time based on the prevailing circumstances.
Yes you are legally secured but it's better to do the deed for future benefits and ease