Hello Rani Sir, My Mother owns a property in Hyderabad (BK Enclave), she is the first owner and bought the property in around April 1996. Now that we are looking at selling our property, it came to light that her name in the Sale Deed need correction. Can you please advise the procedure for this and how quickly can this be done? Also, is it mandetory to change the name in Sale Deed for the sale of the property? Many Thank you.
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1. Get the Rectification Deed executed by the seller rectifying your mother's correct name in it, which has to be registered in the jurisdictional Sub Registrar's Office.
2. It's not mandatory to change the name in the Sale Deed for sale of the property and instead of it, a simple affidavit would suffice.
Deed of rectification has to be executed to rectify mistake in sale deed
it should be duly stamped and registered
If you have same identity proof any one with the similar name written in the sale deed than you can sell the property.
However, if there is no such documents than kindly perform rectification deed to correct the name.
She needs to go fror registered rectification deed before the sub registrar office do registration
The property was purchased in the year 1996 and it will not be possible to trace out the builder/seller after almost three decades.
If the name is very glaring and she do not have any document to prove that her name was that to that of what her name is now, she can execute a name change affidavit duly notarised and published in the local newspaper, keep the copies of the affidavit and the newspaper publication along with the document and give an indemnity to the buyer indemnifying the loss or any other incident that may arise at a later stage due to this.
The above said suggestion is the second option when the first option is not feasible at this stage.
And the first option is to get a registered rectification deed executed through the seller rectifying the mistake in name.
- 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, the said name can be rectified after executing a Rectification Deed, and the sellers appearance for the same is mandatory to sign on the same.
- Since, the said deed was executed in 1996 , then there is no chances to trace the seller , and hence your mother can execute an Affidavit for the same , and declare that she is also known by the correct name
Dear Client,
You should speak with a property lawyer to change the name on the Sale Deed for a Hyderabad property that your mother bought in April 1996 and is the first owner of. Typically, the procedure entails obtaining the required paperwork, delivering a legal notice, creating an affidavit, and maybe printing a notice in the local newspapers. To finish the correction, you'll need to visit the local Sub-Registrar's office, and it might take a while. Even though it might not be necessary for the property to be sold, it is advisable to have accurate and legally correct documents in order to avoid problems down the road.
