• Correction in my name & father name in sale deed

My name is Ramesh Chandra Lahoti and my father name is Laxminarayan Lahoti.

I purchased a property in 1985 and my name on sale deed was “Ramesh Chand Lahoti son of Srikishan Lahoti”

There are 2 queries here :
1) My middle name was mentioned as “Chand” instead of “Chandra”
2) My father name was mentioned as “Srikishan Lahoti” Instead of “Laxminarayan Lahoti” ( my father was known by both this names but on all govt documents my father name is mentioned as Laxminarayan Lahoti)

Pls guide as to how do I correct This errors

PS - the seller of the property is untraceable
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Deed of rectification has to be executed duly stamped and registered by seller to rectify mistake in sale deed 

 

2) If seller is not traceable then file suit 

before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Since Rectification Deed can't be done as the seller of the property is untraceable, you can rectify the mistake by executing a registered Declaratory Deed, which has to be registered in the jurisdictional Sub Registrar's Office.

In the Declaratory Deed, declare the corrections and the non-availability of the seller to execute Rectification Deed.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

For query 1: You can approach the court and file a petition to correct your middle name in the sale deed to “Chandra” instead of “Chand”.

 

For query 2: You can approach the court and file a petition to correct your father’s name in the sale deed to “Laxminarayan Lahoti” instead of “Srikishan Lahoti”. You will have to provide sufficient evidence to prove that Laxminarayan Lahoti is your father’s name and that the name mentioned in the sale deed is incorrect.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can execute a rectification deed in the above case to correct errors

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

Dear client,  

In order to correct the errors in the name on the sale deed of your property, you may need to follow certain procedures, which would depend on the laws of the jurisdiction in which the property is located.

Typically, you can apply to the relevant government authority, such as the revenue department or the registrar of properties, for correction of the name on the sale deed. You may need to provide proof of your identity, such as a passport or PAN card, and proof of your relationship with the person named on the sale deed, such as a birth certificate.

In some jurisdictions, you may need to obtain a court order for the correction of the name on the sale deed, especially if the seller is untraceable. In this case, you may need to consult with a qualified lawyer to understand the requirements and procedures for obtaining a court order.

It is important to note that the procedures for correcting errors in the name on a sale deed can be complex and time-consuming. It is recommended that you seek the advice of a qualified lawyer in order to understand the best course of action in your particular case

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

What made you to be concerned over the pointed out error to be rectified after almost four decades of purchasing the property.

The property was purchased in the year 1985 but you had not taken any action till this date.

If this did not make any problem to you till this date, how do you think it is going to create any problem in future in this regard.

The rectification of the errors observed is not an easy task at this stage.

It is an uphill and tedious task for which you have struggle by running from pillar to post and if none of your efforts bring you  the desired relief, you may have to approach court for getting the relief and remedy to your problem.

Instead you can transfer this property to your wards/children or spouse by executing a registered settlement deed as it is  so that the property owner becomes a third person.

This may help you solve the problem without much difficulty.

Or else you may have to approach court with suit for declaration to declare th e correct name to appear i the sale deed by producing the documentary evidences to establish your narration

 

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Better to give Name of Change in the Gazette and attached the gazette for new buyer sale deed.

 

In old seller here can't be traced. It's better to updated correctly by help of Gazette all other property papers.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- 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.

- Further , as the seller is untraceable , then you will have to file a suit before the court under Section 26 of Specific Relief Act 1963.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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