No need to execute deed of rectification
seller has received the money mentioned in demand draft
In Sale Deed mentioned as Demand Draft instead of Cheque. Is rectification deed required ?
In the Sale Deed one transaction detail is mentioned as Demand Draft instead of Cheque. All the details of the transaction, i.e. number, drawn on bank etc. are correct. The Seller has deposited the cheque and money has been received into his account. Do I need to do a rectification deed to correct the naming i.e. call it as Cheque instead of Demand Draft ?
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Payment is received through bank that is sufficient and proper instrument may be cheque or dd it makes no difference. No need to disturb the registered document.
There's no need for Rectification Deed, in view of the money realised by the seller. Here the intention of issuing a Cheque or DD was to pay the consideration amount to the Seller and that has been achieved and moreover the Cheque No. is tallying with the purported DD No.
Not needed if both party are okay and consideration is paid accordingly the sale deed transactions. The Rectification could be needed if property name or buyer or seller name could be different. Still if you want apply for Rectification for that particular page you can apply for it.
It will not a make a difference that if it was a cheque or a DD for the payment towards the sale consideration amount.
Since the amount has been realised by the seller, ther is no need to go for rectification of this minor error.
It can be ignored because that is in no way going to affect the title of the buyer.
- If a deed contains mistakes like mis-spellings in names, description of property & payments , 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 payment transaction mode ; hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
- However, as the cheque already cleared for the said amount , then it is not mandatory to correct the sale deed only due to this minor mistakes.
- Further, for your satisfaction , you can take an affidavit from other party for the said payment after mentioning the details of draft.
Dear Sir/Ma'am
To our knowledge, it's a minor mistake that doesn't need to be rectified. Since the amount has already been received, whether it was by a Demand Draft or be a Cheque, it doesn't matter to much effect. You can totally avoid the hustle.
Usually, by creating a rectification deed, an individual can rectify several mistakes, involving spelling errors, typing errors, mistakes in the property description, etc. A supplementary deed can also be created, to make additions or subtractions to the original deed. By creating a rectification deed, an individual can rectify several mistakes, involving spelling errors, typing errors, mistakes in the property description, etc. However, it's not needed in your case but still if you wish to make it; you can follow this procedure:-
If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar’s office, where the deed was previously registered. You will have to submit an application to the official, seeking correction in the document, along with all the supporting documents. If major changes are required in the original document, the two parties will also have to take along two witnesses each, for the registration of the rectification deed. Thank You
