Deed of rectification has to be executed to rectify mistake in sale deed
it should be duly stamped and registered
Rectification for the spelling of the name in registered deed as per the PAN card of the 2nd holder
I purchased a property on 11/01/2010. The property is owned jointly with my wife, the particulars for which are as under:- (i) First Holder :- DESH DEEPAK ( PAN :- ABLPD5171D) (II) 2ND Holder :- SEEMA KULSHRESHTHA (PAN:- AMPPK6036M) Upon checking the documents recently, it is found that there is a mismatch in the last name of my wife, in the name as printed in Sale deed and as per the PAN Card, by way of missing of one letter "H" in the last name of my wife (who is the 2nd Holder Name in the sale deed). Details are:- (i) Sale Deed :- SEEMA KULSHRESTHA ( Letter H in Last Name is missing in the name (II) As per PAN :- SEEMA KULSHRESHTHA which is available as per the name in PAN) Due to this all documents of the society are having the same name without "H" . Kindly suggest a suitable solution and legal rectification in order to set the things in Right Order.
Asked 4 years ago in Property Law
Religion: Hindu
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11 Answers
How the Rectification Deed is to be executed. In my case the Seller of the property is not in Mumbai and is now impossible to make him available. Pl suggest
Asked 4 years ago
A rectification deed can be made and filed stating the aforementioned anomaly and the real and correct name.
Although nobody looks that hard and therefore cannot be seen unless pointed out by you.
You may file and register a rectification deed if you want.
Is it required the presence of the Seller of the property for the rectification deed . Pl be informed that Seller is transferred from Mumbai and he can not be made available in any case.
Asked 4 years ago
The whole process has to be done again. All the parties have to be present.
Dear Sir / Ma'am,
To make any rectification in the deed the buyer and the seller will have to make an appearance in the sub-registrar's office, where the deed was previously registered. Both the parties will have to submit an application to the official, seeking correction in the document, along with all the supporting documents.
Thank You.
The presence of seller is necessary for execution of deed of rectification
in alternative he can execute registered POA in favour of family member to execute relinquishment deed
Act as mentioned herein above
This is an ignorable error which will not make any difference to the buyer's title to the property.
The missing letter H may not cause any problem.
If you are still worried about this mismatch, you may better adopt the name change procedure to prove that the names spelt in both the documents denotes one and the same person and get an affidavit as well as newspaper publication to this effect which would solve this problem.
It is not necessary to get a rectification deed executed for this minor typo error.
The PAN card is not the authority for correct name, it is an additional document to prove the identity of an individual, hence just ignore this minor spelling mistake, however if it still causes concern you may better adopt the change of name procedures as suggested earlier in my previous post.
You are still insisting on the rectification deed itself, which is actually not required under this circumstance.
If you really want to get the same rectified by a registered document through the registrar concerned, you may have to approach the seller to execute the rectification deed, without which you cannot get the rectification deed executed.
- 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.
- The parties are required to pay rectification deed registration charges and stamp duty as per the laws of the State from the office of the sub-registrar's office where the original deed has been duly registered.
- Hence, you can rectified the deed after executing a Rectification Deed, and the sellers appearance for the same is mandatory to sign on the same.
- If, the seller refused to cooperate or missing, then you will have to file a suit before the court under Section 26 of Specific Relief Act 1963.
- However , if you don't want to approach the court, then she can execute an affidavit after mentioning that her both names are same and of only one person .
You will need both the parties or their POA for rectification deed. The same needs to be registered
