1) deed of rectification has to be executed to rectify mistake in sale deed by the builder
2) it should be duly stamped and registered
3) mere affidavit is not sufficient
2005 Sale Deed for flat has Seller name miscorrectly typed
Hello All respected Gentlemen! I am planning to buy a flat in my society which was purchased directly by the builder and owner was living in it since last 15 years. The original sale deed(2005) has a spelling mistake in the buyer's name (presently the seller) as "Shivnatha Raju" whereas on the Aadhar card, pan card and other bank documents it is mentioned as "G Shivnatha Raju"(Gottumakala is the surname and according to seller original sale deed had a mistake of missing out on the letter "G" in front of name. Now I am buying this flat from Mr. G Shivnatha Raju so please help me out on how to proceed on this deal further. I checked with local advocates here and according to them they will have an affidavit attached to the main sale deed for both persons being same. But will I still be under any risk or obligation. The sale deed though has his father's name mentioned correctly as "G Sainiwas Raju" so the sale deed statement says in favour of "Shivnatha Raju" S/O "G Sainiwas Raju" aged.... I am going to invest my father's hard-earned money in this. Coming to this forum with lots of hope for correct guidance.
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
Thanks Ajar sir, but how to perform this rectification deed after almost 15 years of this old sale deed.
Asked 3 years ago
ask builder to execute rectification deed
A rectification deed can be registered with regard any grammatical, typo or arithmetical error within 90 days of noticing such mistake that too with the presence of both the seller and buyer before Registrar. In you case your seller can file a suit seeking declaration and subsequent direction to Registrar for correction of his name submitting proof of correct name to the Court. The suit can be file under Section 34 of Specific Relief Act. It will take about three months to get an order from Court.
The omission of his initial alone in the registered sale deed to be executed by the seller in favor of the prospective buyer is not fatal to the proposed sale deed. If the buyer is satisfied with the identity proof submitted by the seller and the relevant property documents to establish his clear and marketable title to sell the property, the seller may be asked to indemnify you by executing an indemnity bond to take care of all future legal consequences that may arrive in this regard.
If the seller agrees to give a duly notarized affidavit too to affirm that both the names i.e., with the initials and without are one and the same, then after waiting for 15 days of publishing it as a public notice in two local newspapers, you can proceed with the purchase however kindly obtain a proper legal opinion from a local lawyer on all other aspects too.
If at all you want to go for the rectification deed to incorporate the rectification caused due to this omission of his initial, then the seller only has to get that done through the vendor who executed this sale deed in his favor around 15 years ago.
Such errors can be rectified even at this belated stage too.
You can go rectification deed or correction deed. It is possible ask seller to pay nominal penality charges as per registration act.
1. If possible let the seller arrange to obtain Rectification Deed from the builder and getting it registered in the jurisdictional Sub Registrar's Office, correcting the error.
2. If the Rectification Deed can't be executed by the Builder to correct the mistake which has crept in the sale deed in favour of the present seller, then the seller can execute a registered DECLARATION/DECLARATORY DEED declaring the error in the main deed and it's correction, which has to be registered in the jurisdictional Sub Registrar's Office.
Dear client I am sorry to hear that what in this case you can file an application before the register and try to change or modify the names accordingly
You need to go for rectification deed if other party willing else approach court for directions to sub registrar for rectification
First of all thank you very much everyone for helping me out on the doubts but now i am more confused. The more iam discussing the issues with different people they are giving different suggestions- 1) i am not sure how rectification deal will work because the original builder office is no more available 2) someone suggested to go for a affidavit through meeseva for name declaration and get is approved through magistrate 3) someome suggesting declaration deed and writing the name on the new sale deed with the "alias" thing. Very confused and worried at the same time.. I am taking a huge loan + parent's life long savings into this.
Asked 3 years ago
Don’t purchase the property
2) there are other properties with clear and marketable title
3)
In alternative you may file a 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.
Refer to Section 34, your doubts will be cleared.
1. Why should you be worried about the execution of rectification deed, it is the duty of the seller to rectify the error pointed out, if he is not willing to rectify there is no compulsion on you to purchase this property.
2. The error in title is on the seller and the burden to rectify the error lies on the seller , therefore you do not have to listen to such irrelevant suggestions.
3. In what you you are going to execute the declaration deed if the property do not belong to you, it is the duty of the seller to clarify all these things and not of the buyer.
There is no compulsion on you to buy this property, if you feel that the title to seller of the property is defective you can ask him to rectify the same and execute the sale deed in the manner that is legally valid or you can ignore this property and look for a property which is recommended and found legally fit in all the aspects.
Do not fall prey to any misguidance or rumours.
If he is not available then through court it can be rectified without him
Dear client In you case your seller can file a suit seeking declaration and subsequent direction to Registrar for correction of his name submitting proof of correct name to the Court. The suit can be file under Section 34 of Specific Relief Act. It will take about three months to get an order from Court.