It is legally valid as seller is concerned with receipt of consideration
the mode of payment mentioned is only illustrative and does not excuse payment by RTGS
I have paid a final consideration through rtgs to one who holds POA however in POA it is written consideration will be received in cheque, pay order or dd...so does paying through RTGS holds legally valid?
It is legally valid as seller is concerned with receipt of consideration
the mode of payment mentioned is only illustrative and does not excuse payment by RTGS
If the payment is made through any legal channel, it is valid, notwithstanding whatever the PoA says. Better obtain a proper receipt from the power agent.
Payment through RTGS is legally valid and payment made towards sale consideration through it is O.K.
My registry had DD no. mentioned for Sale consideration but now if final payment made through RTGS. Is that fine or requires any legal formality from my side?
Better to get the Rectification Deed/ Supplementary Deed executed correcting the mode of consideration amount through RTGS and get it registered in the jurisdictional Registrar's Office.
The RTGS mode of payment is also a legally valid mode of payment and is recognised for the consideration has been passed, therefore the payment made through RTGS is very much valid and nothing to be concerned about it at this stage.
Actually this question should have arose in you before making the payment and to have passed the payment after confirmation about it.
If the payment has been made through RTGS then how can the payment by DD is mentioned in the registered deed?
If the payment is not yet made, then you better ,make the payment by DD as has been found in the deed.
Actually what happened, at the time of registry we gave a DD as final payment consideration and registry has its particulars but when the same will be presented in the bank after a day it was not cleared because bank has made some flaw in preparing the same ...so to honor the final consideration we made rtgs and till that time registry was regularised and updated in the system (not printed though). Now what to do
The document has been literally registered though not printed as of now.
Hence any correction without an authorised rectification may render the document a defective, therefore you may take a wise decision based on the practical situation.
You can go for rectification deed if needed but it’s not a big issue as consideration is through banking channel
If the sale deed has already been registered with the DD particulars, you may execute a rectification deed narrating the necessity and register it too.
- The payment through rtgs is valid and a proof of payment
- If the sale deed is mentioned that the payment will be made through DD , then you should not pay through without a written consent by the seller
- However, after the registration of sale deed , it cannot be cancelled on any ground even the payment also differs.
- Hence, for your satisfaction , you should take a declaration affidavit from the receiver of the amount after going details of sale deed .
As already suggested, let the printout be taken with DD particulars. Subsequently get the Rectification Deed executed by the parties incorporating the RTGS details instead of DD particulars and get it registered in the same Registrar's Office in which the sale deed had been earlier registered.
It is not possible for rectication of deed or taking a receipt of payment or any other thing does it can harm my registry like cancel or challenged or is that null and void? and what protection do I have?
Rectification? For what? As such there is no defect which require rectification? Sale is complete and perfect. Just take a receipt or an acknowledgement of seller through email for record purpose. Take a certificate of payment from your bank.
Even if it's not possible for getting the Rectification Deed, but still it won't harm your registry and it will not be treated as cancelled or null and void.
You were suggested what can be done on this.
If you are not willing to follow the process then you may decide to face any consequences that may arise in future in this regard and if there is no problem then you will be safe
If seller agrees and ready to appear before Sub Registrar again, then go to the lawyer who drafted the sale deed to prepare a Rectification Deed stating that contents of para no...... of the sale deed No. ....book ko.1 volume No.... has been given as follow
"................"
whereas it should have been as follows:
"................................"
and the same be read as part of original sale deed bearing no..... dt.........
I hope this would suffice the purpose.
Sale deed is not void as full consideration has been paid to seller
you can produce evidence of payment being made in event of any dispute
- As per Supreme Court , even non-payment of entire sale consideration cannot be a ground for the cancellation of sale deed.
- Once an owner transfers the ownership of any property through sale deed and even if the balance amount is yet to be paid or not paid due to some other reason, the transaction cannot be reversed.
- You should keep on record the said payment history .