You need to executed rectification deed in the same. If the primary holder is not in existence then his legal heirs need to execute the same
Name change of seller’s father in gift deed
Story- Seller has bought a flat in 2012 along with his son , 50-50 share. In all documents name of sellers father is Kishan Chand…. But while executing gift deed B/w him and his son he has registered the deed with incorrect father name - Son - Anurag Chand s/o Ramesh Chand Father -Ramesh Chand s/o Vishan Dass Where as , in actual it should be Ramesh Chand s/o Kishan Chand Final property rights are now with Ramesh Chand , and all documents post this gift deed like mutation , our seller agreement with Ramesh Chand , TM , NOC all have Kishan Chand only as father name Only document where Vishan Dass is coming is in the gift deed Do ramesh Chand now need to do rectification deed ?What are stamp duty charges for this? Can we as buyer register the property without any issues without rectification deed ?
Asked 2 years ago in Property Law
Religion: Sikh
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7 Answers
By rectification deed correction can be made. The stated defect put the identity of a person defective and doubtful so can be fatal in every transaction.
Deed of rectification can be executed to rectify mistake in gift deed
it would attract nominal stamp duty
- 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 name of son in your registered gift deed ; hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
It is not known if he is the same person as a seller because his name differs in different documents.
Therefore it is advisable that the seller Ramesh Chand is required to obtain a registered rectification deed rectifying the error in the name of his father by the seller.
You cannot buy the property from the person having a defective title hence you can demand the seller to provide proper documents before executing the sale deed or you can refuse to purchase
Rectification deed. Merely 500rs + 200rs maximum.
Dear client,
I am not a legal professional, but I can provide some general information that may be helpful. In this situation, it appears that there is an inconsistency in the father's name mentioned in the gift deed compared to the other documents related to the property. To rectify this discrepancy, it may be advisable for Ramesh Chand to consider executing a rectification deed.
A rectification deed is a legal document used to correct errors or omissions in a previous deed or document. It can help in ensuring that the correct information is reflected in the property records. The specific requirements for executing a rectification deed, including the stamp duty charges, can vary depending on the jurisdiction and local laws. It is recommended to consult with a lawyer who specializes in property law to understand the exact process and applicable stamp duty charges in your specific location.
Registering the property without rectifying the discrepancy in the father's name may pose potential issues in the future, as it could lead to complications in the title and ownership records. It is generally advisable to address any discrepancies or errors to maintain the accuracy and clarity of property documentation.
To ensure that the property transaction is conducted smoothly and with legal certainty, it is recommended that both the buyer and seller consult with their respective legal representatives. They can review the specific details and provide guidance on the appropriate steps to take, including the execution of a rectification deed if necessary.
