• Can a buyer’s husband’s wrongly put name corrected in the next sale deed agreement?

I want to buy a property in the city of Jamnagar Gujarat, which the sellers has purchased in 1990s. The buyer’s husband’s name at that time (now the seller) was mentioned as “X” in sale deed document and consequently in city survey office records. The seller says rectification deed is not possible due to two reasons 1. Sellers of previous sale deed has passed away and 2. Buyer of previous sale deed ( now seller) is out of country and could not come. The seller who is an NRI, has done affidavit in American embassy regarding correction in her husband’s name as “Y” Her husband also has done affidavit in American embassy stating his real name is “Y” not “X”. Now the seller wants to do sale deed with her name followed by her husband’s name as Y. Is it legally correct ? Does it affect Mother deed and future valuation of property ?
Asked 2 years ago in Property Law
Religion: Hindu

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7 Answers

Mere affidavit would not suffice 

 

deed of rectification has to be executed to rectify mistake in name 

 

3) if seller is dead his legal heirs can execute deed of rectification 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

The affidavit made before American embassy may not be maintainable hence the seller may be asked to execute an affidavit sworn before Indian embassy at U.S. and get the same published in a local newspaper in Jamnagar.

This may be authentic. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. What the seller and her husband are required to do is that they should execute affidavits before the appropriate 1st Class judicial Magistrate in India at their place affirming that the name of the person is Y and inadvertently X has been mentioned in all the documents including the title deed of the property bought in the year 1990 at Jamnagar and also that both Mr. X and Mr. Y so mentioned are the same person and also praying for a direction upon the Registrar of Jamnagar to record the said change in his register in connection with the title deed of the said property.

 

2. It will take just one day to get the said affidavit affirmed before the appropriate 1st Class judicial Magistrate of Jamnagar.

 

3. It will be safe for you to buy the property thereafter..

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Sir/Ma'am

The seller should execute an affidavit before the magistrate in Jamnagar clarifying the issue.

Also the seller should execute a deed of rectification to correct the mistake in the name.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You need to execute a fresh sale deed in this case as the rectification cannot be applicable as name of an independent party is added. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- Since the seller is an NRI , then he should execute an affidavit as per rule of US and then attested it from the consulate of India in US

- That affidavit must mention that both names are same and of one person only. 

- Then she can mention the correct name in the sale deed. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Append the affidavit with the previous sale deed and also all the proofs which goes to show that X and Y are names of single individual. Also if the transaction of Purchase by X was registered one then you would get a copy from the office of the registrar which shall help to prove that both X and Y are names of single person. Mother deed wouldn't get changed but you can take help of sufficient evidences for selling. 

 

OR

you may get mutation entry of heirship in property card of the land disclosing death of X/Y and provide documents & affidavit along with his death certificate. Once names of heirs are mutated, the property card shall show names of heirs as owners and they can sell through their name.  

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

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