Deed of rectification can be executed to rectify mistake in sale deed
it should mention purchaser as company and not Mr Kanodia
it would help you in satisfying BPCL
Land ownership dispute
Recently we have filed for a tender with Bharat petroleum , to participate in this tender there was a mandatory condition that land should be held by company via a registered sale deed or long term lease agreement etc. We have purchased the said land in name of company via registered sale deeds (2) however the wordings of the deed has confused BPCL and caused them to reject our bid. In the registered sale deed it mentions name of purchaser as Anil Kanodia , director of mash spirits Pvt ltd followed by the PAN Card number of the company and the company stamp and signature. BPCL has assumed that land is held by anil Kanodia individually and not by the company and this query was raised by them. However the reality is that Mr anil Kanodia director of Mspl has executed the sale deed on behalf of the company and has no individual rights on the land. This we are satisfying the mandatory evaluation criteria. To answer this query we wrote clearly about how the deed mentions the PAN Card and stamp of company. Further we also submitted supporting documents like- 1. Change of land use order passed by Tehsildar in name of company. 2. Letter from tehsil office stating clearly that land is held by the company in govt records mentioning the sale deed numbers and that the request to change the wordings of the sale deed is in process . 3. Affidavit on legal stamp paper signed by mr anil Kanodia stating that he has no ownership on the land and land is held by the company and he was only the executioner on behalf of the company. 4. Copy of request letter to DSR office requesting them to amend the wording of the sale deed. We now need to prove legally to BPCL that the documents submitted by us hold good as land is held by our company and they have rejected the bid due to a misunderstanding . Please assist how we can prove the same. Technically the PAN Card number of our company is mentioned on the sale deed which proves ownership and that land cannot be sold by any other person other than company. Please assist on the same matter urgently. Best wishes Nischint Kanoudia
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
From the facts stated, you have taken all efforts to establish the title and ownership of the company over the property. Nothing more needs to be done. Please write to BPCL to have your documents examined by the lawyers on their panel thoroughly and satisfy themselves about your genuineness. If they still reject your claim, you have to file a suit at the proper court against them for specific performance.
- You can execute a rectification deed for rectifying the said error in the sale deed
- However the presence of both the parties are necessary for rectifying the sale deed , and in case of refusal you have to file a declaration suit before the court.
The PAN number of the company alone is not the proof that the property has been purchased on the name of the company.
The wording in the sale deed is very clear i.e. Purchaser - Anil Kanodia, Director of MSPL.
Thus it is clear that the property has been purchase in the name of Mr. Anil Kanodia by a registered document.
The other documents including the revenue records are not title documents to prove the clear and marketable title of the company.
The registered sale deed is the only document to prove the title for the property purchased.
Now you can get a registered rectification deed to rectify the name of the purchaser accordingly through the original vendor, however to allow it or to reject this request would depend on the sub registrar.
You need to put the said facts on record with bpcl in writing along with the title documents in your name
The DSR has no power to amend the sale deed
The parties to the sale deed will have to enter into a deed of rectification and register that deed
The sale deed has to be read as a whole. On its reading it should look that the land is conveyed to the company and not to an individual
