Seller can execute a rectification deed and correct it
Wrong dimensions in sale deed of seller
I am purchasing a plot. The seller's sale deed have erroneously written :- North - 60 Feet, South - 60 Feet, East - 33 Feet, West - 33 Feet. However in actual East & West are 33 Feet & North & South are 33 Feet each. I have 2 questions: - 1. If the property is self acquired (purchased) by the current owner & registered by his wife's name. Is it better to make the only son of owner witness to avoid any future issues. 2. What could be done for wrong dimensions in the sellers sale deed. Is it ok to put it as it is in seller's sale deed & get it corrected myself? Or seller should get it corrected before selling? Note that 2 sides of this plot are already constructed houses & third side is empty plot with pillars on that side. Hence it doesn't seem to be an issue with the plot layout but an error in sale deed only.
Asked 2 years ago in Property Law
Religion: Hindu
9 Answers
Make son as witness to sale deed
2) deed of rectification has to be executed to rectify mistake in dimensions in sale deed
3) then only should seller sell the property
Dear client,
It is always advisable to have witnesses when making any legal transaction to avoid future issues. However, in this case, it would be more appropriate to have a neutral third-party witness, such as a notary public or a lawyer. This will ensure that there is no bias in the witnessing and will provide additional legal protection.
It is important to ensure that the dimensions of the plot in the sale deed are accurate, as this document serves as proof of ownership. If there is an error in the sale deed, it should be corrected before the sale is finalized. The seller should be responsible for getting the sale deed corrected, and you should not accept the document until it is accurate. You can also consult with a lawyer to ensure that the sale deed is legally sound and accurate before finalizing the purchase.
1. Get the registered Rectification Deed done by the seller rectifying the mistake in the boundaries before you buy it.
2. If the seller is selling his/her self acquired property , there's no need to get the signature of anyone, including the son. However if the son signs as one of the witnesses, it's O.K.
3. For rectifying the dimensions before the property is sold, please refer answer in (1) above.
How did you come to know about this error in the seller's sale deed?
If the error was found when the previous chain of the title document was compared, then you can ask the seller to get a rectification deed executed to rectify the error, if he is not willing then you do not buy this property which has defects in this, which will actually render defective title to the seller resulting into you buying an invalid or defective property.
If you don't get it rectified before purchasing then you will find problems when you sell it at a later stage or your next generation inheritors will face more complex problems due to this error which may become a more difficult subject to get it solved at a very belated stage.
Correction to above given dimension- The seller's sale deed have erroneously written :- North - 60 Feet, South - 60 Feet, East - 33 Feet, West - 33 Feet. However in actual East & West are 60 Feet & North & South are 33 Feet. The land was bought by a co operative then plotting was done & sold to different parties. The plot was bought by current owner 33 years back. We came to know about the error by actual measurement of the plot as on two sides of the plot houses are built & third side is demarcated through pillars. Boundary is done on the current plot. I have not sighted the sale deed for the co operative society which took the land as whole & did plotting later.
Asked 2 years ago
Deed of rectification of sale deed executed 30 years ago has to be done to reflect correct dimensions of plot
Buying this property without getting the error rectified by executing a registered rectification deed is not advisable.
If the boundaries mentioned in the sale deed do not match to the physical boundaries then the owner's title is defective.
Therefore the subsequent buyer will also have the defective title only and not a clear title.
Yes you can do the aforesaid by rectification deed both parties needed
Dear client,
It is always advisable to have witnesses when making any legal transaction to avoid future issues. However, in this case, it would be more appropriate to have a neutral third-party witness, such as a notary public or a lawyer. This will ensure that there is no bias in the witnessing and will provide additional legal protection.
It is important to ensure that the dimensions of the plot in the sale deed are accurate, as this document serves as proof of ownership. If there is an error in the sale deed, it should be corrected before the sale is finalized. The seller should be responsible for getting the sale deed corrected, and you should not accept the document until it is accurate. You can also consult with a lawyer to ensure that the sale deed is legally sound and accurate before finalizing the purchase