• Vendor name misspelled during registration

My queries, we have noticed that vendor name as per sale deed (previous and current) Mohd Ahmeed S/O Mohd Abdul Kareem but vendor provide Aadhar, its read as Abdul Hameed S/O Abdul Kareem. What is the solution to rectify this issues, please advise
Asked 2 months ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

A sale deed can be corrected through registration  of rectification deed. Any typo error in name can be corrected by registering a rectification deed. Legal mistakes and/or if you are seeking to change the basic nature of the original deed is not permitted through rectification.  Both the seller and purchaser are required to be present for execution  of rectification deed. The buyer has also to produce original sale deed. Stamp duty for rectification deed is Rs. 100/-. Such rectification deed can also be registered through SPA.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

Has name of vendor changed ?

 

if so change of name has to be done by publication on official gazette and 2 local newspapers 

 

tjen deed of rectification has to be executed.it should mention his current name and  also mention formerly known as Mohammed Ahmed 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

You may contact the vendor if he can go for rectification deed.  In case he agrees, contact the document writer who drafted the sale deed and point out the mistake and ask him to prepare a rectification deed on his expenses. Or you meet the expenses but no professional fee since the mistake completely lies on his part when he had already been provided with the adhaar copy of vendor. You all have to appear before Sub Registrar again to get the rectification deed registered.

Dalip Singh
Advocate, New Delhi
1050 Answers
36 Consultations

5.0 on 5.0

This is not a misspelling. It is totally a different name.

It is a totally different name from the title deed of the vendor to the name what he as given in the current sale deed.

The name appearing in the previous title deed has to be the same in the vendor column of the  current sale deed if not it can be considered that he is not the owner of the property.

Vendor's incorrect name clearly indicates that he is not he co not have clear and marketable title to sell the property,hence the title is defective.

You may ask the vendor to rectify the same by obtaining a notarised change of name affidavit stating that both the names are one and the same and ask him to get it published in two local newspaper also.

After that the vendor has to execute a registered rectification deed rectifying the error in the current sale deed. 

You may carry out the rectification immediately to avoid problems in this regard in future. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Name of vendor has changed so change of name has to be notified in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

If the name of the vendor do not match with the previous related document to that of his identity proof, then you can insist him to produce the correct identity proof which is matching with the name mentioned in the sale deed that he relies upon to sell this property.

If the sale deed has already been executed then you can issue a legal notice to him to either produce substantial documentary proofs to prove that he is the same person who  is mentioned in the sale deed or else to rectify the same by executing a registered rectification deed.

If he fails to do so or do not want to cooperate after selling the property then you can take legal action through civil court besides lodging a criminal complaint against him for cheating by fraudulently selling the property belonging to someone else. 

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Incorrect name is carried forward from sale deed under which he purchased the property. Now under the same name property is sold to you. Incorrect name is continuing from 1994. There is no need to go back to the sale deed of you vendor. Get it corrected through you vendor, that will solve the problem. You can even continue with error if it is not major. Such mistakes as to names are common.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

1. You shall have to get a Rectification Deed registered correcting the stated errors.

 

2. You won't  have to bear the entire registration cost afresh in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. The proper solution is that they shall have to execute an affidavit before a 1st Class Judicial Magistrate affirming that his and his father's name is such and such as shown in Aadhaar Cards but in the sale deed registered by them their names have been incorrectly mentioned as such and such inadvertently and both the names belong to the same persons. Thereafter the gist of the  affidavit shall have to be published in Govt. Gazette and two local News Papers, one being in Vernacular.

 

2.  Thereafter a Rectification Deed, as suggested in my earlier post, shall have to be registered mentioning about the said error and also the Affidavit.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

If the vendor is co operating then a rectification deed can be registered 

If the vendor is known by both the names then a supplementary deed stating both names can be made and registered 

So his name as appearing in your sale deed and in his aadhar card can be mentioned either in the rectification or supplementary deed 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Dear client, in this case you have file an application before the registrar in order to change the name of the vendor. 

Anik Miu
Advocate, Bangalore
5320 Answers
57 Consultations

4.9 on 5.0

If you are satisfied about the identity of the vendor and his title over the property, you may leave things as they are. Why his name should be spelt differently raises doubts. You should be satisfied on this score also. In any case, it is better to file a rectification deed narrating these facts.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

- As per law, if a deed contains mistakes like mis-spellings in names, description of property, 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 vendor name in your registered Sale deed; hence it comes under the typographical error and it can be rectified after executing a Rectification deed. 

- The registration charges and stamp duty for typographical errors are usually around Rs. 100.

- Further, the presence of vendor and vendee is necessary before the Registrar for the said rectification, hence even the last deed can be rectified if both the parties are in existence. 

- Otherwise ,if the last deed not rectified then the latest may create trouble at the time of selling the property. 

- However, the said vendor can execute an affidavit and can publish in two newspapers after mentioning that both the names are same and of one person. 

Mohammed Shahzad
Advocate, Delhi
10267 Answers
123 Consultations

5.0 on 5.0

You can execute rectification deed for the same

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer