Good day respected lawyers, I recently bought a builder floor and got it registered in Faridabad, Haryana on 20th may 2025. While going through the draft of sale deed I found 2 errors and saw important clause is missing. I am not sure if this is mandatory and if the are errors are major or minor so your insights and suggestions are heartfully welcome as I am keep on getting more anxious and worried. Error 1: The value based undivied proportionate share in the land of building. Comment: Instead of undivided it's written as undivied. Error 2: And whereas the VENDORS for their bonafide needs and requirements have agreed to sell the "property details" from the VENDORS. Comments: Instead of from the VENDORS it should have to the VENDEESS. Important Clause Missing: The Vendor hereby sells, conveys, transfers and assigns along with all her ownership rights, titles, interests & possession of the said property in favour of the Vendees, they henceforth shall be the joint and absolute owners of the said Property under sale in equal shares mentioned above and the Vendees shall enjoy all the above mentioned ownership rights, titles, interests and possession of the said Property under sale, without any claim, demand or hindrance anything more from the Vendor or from her legal heirs. Comment: In my entire sale deed only 3 points are mentioned which indicate the sale of the property and probably clear title as below: a) The said VENDORS have sold the above said floor to the VENDEESS for a total sale consideration of Rs. 55,00,000/- (Fifty five Lac Rupees) and the VENDEESS have paid the full and final payment of total sale proceeds to the VENDORS as per detail below. b)That the actual physical and vacant possession of the Floor have been handed over to the VENDEES by the VENDORS at the time of the execution of this sale Deed and the VENDEES has/ve become the owner/s of the said floor. c)That the possession of dwelling unit has been delivered to the VENDEES and now the VENDEES has/ve become the owner/s and in possession of the above said floor. Questions: 1) Is this a defective title? 2)Are these errors and missing clause critical and mandatory? 3)Can Sellers have valid title over the schedule property after the registration because of the missing clause? 2) Can Sellers or anyone including their legal heirs challenge the deed in court telling title transfer is not done? 3) Is rectification mandatory or any other possible solution (Seller’s indemnity bond)? 4) If it is not rectified will it be a problem for me in future if I want to sell? Additionally, under the Transfer of Property Act 1882, Section 54 If the contract for sale that has been entered between the parties is registered, the sale would be deemed to have been completed. In the eye of law, a registered instrument is sufficient proof of the sale of immovable property. https://theindianlawyer.in/supreme-court-recognises-registered-sale-deed-challenged-by-seller
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It is not a defective title
2) deed of rectification can be executed to rectify mistake in sale deed
3) seller has no title on sold floor
4) there should be indemnity clause in sale deed to indemnify you in case of defect in title
5) you will not have problems in resale
SIR/MADAM,
It is advised here to be cool and proceed the concerned authority for getting the property renamed/mentioned on your name in place of previous owner. The start paying property tax on your name/property in regard to this property if so required because there is no defective title and you are the real owner now and the said errors are minor one not affecting your rights. Sellers can't have valid title over the schedule property after the registration of sale deed not it can be challenged in future. No problem would be faced in future becasue of the said errors.
1. It is not a defective title.
2. No, they cannot.
3. No.
4. No.
5. Rectification deed is advisable.
6. May be or may not.
No, not a defective title—the registered sale deed with payment + possession generally confirms valid transfer under Section 54, Transfer of Property Act.
The spelling errors are minor, but the missing clause weakens clarity of absolute ownership.
Sellers cannot retain title post-registration if sale, consideration, and possession are recorded.
Legal challenge is unlikely to succeed, but a rectification deed adds legal clarity and prevents future disputes.
Rectification is advisable; alternatively, an indemnity bond can be taken from sellers, but rectification is better.
Yes, future resale may face queries during legal scrutiny—better to rectify now with seller’s cooperation.
1. No but it can give problem at the time of selling the property , however it is a nominal clerical mistake, which can be verified after executing of Rectification Deed.
2. No
3. Yes, as this documents registered in the presence of witnesses, however necessary to rectify the same.
4. Not possible to challenge by the legal heirs
5. Better registered a Rectification deed after correcting and adding the given clause.
6. No, But suggested to rectify the mistakes . The presence of both the parties are necessary to rectify
If both the parties desires the same can be rectified. It can’t be challenged by the sellers or their heirs on this ground as already sale deed is executed and consideration is paid.
Thank you for your suggestions everyone. Due to mix responses I am still unsure about few things and I further like to clarify: 1) The property has been transferred on my name and property ID started reflecting my name in Government portal of Haryana so I would be paying property taxes under my name. 2) Is the clause "The Vendor hereby sells, conveys, transfers and assigns along with all her ownership rights, titles, interests & possession of the said property in favour of the Vendees" absolute mandatory? Isn't the basis on transfer of property act on Sale Deed were on multiple instances it said that the seller has sold the property to purchaser? 3) Isn't the intention of the sale deed is clear irrespective of few technical jargons missing? 4) If I go for rectification deed, can I add few missing clauses in rectification deed? Please suggestion rectification deed only if it's absolute necessary as it's a hassle for me and also not sure if the seller will co operate.
1. As your name is reflected as an owner of the property in the government portals you can be rest assured about it.
2. It is a routine clause which is a mandatory requirement.
3. The typo errors are negligible hence you can be assured that the sale deed is free from any major title defect.
4. If you would like to get a rectification executed then the missing clause if it is essential, and agreed to be included by the vendor, can be added to the rectification deed.
"The Vendor hereby sells, conveys, transfers and assigns along with all her ownership rights, titles, interests & possession of the said property in favour of the Vendees" is a standard clause in a sale deed and is not necessarily considered absolute or mandatory
2) intention of seller is clear from other clauses in sale deed
3) you cannot add clauses but only rectify minor errors in sale deed
Yes intension is clear
1. Yes, you can apply for mutation in your name for paying property taxes
2. This is enough
3. Yes
4. You can add new clause with the consent of the vendor
Thank you everyone. Mutation has been done on my name and I hold the physical possession of the property now. The broker through which I got the registry done is un attentive and I am even not sure if the seller will come for the rectification deed if I request them therefore, as you all have the clarity on my situation, I would like to further ask- 1) Is rectification deed mandatory in current scenario or I can just ignore the one clause and minor errors and can consider my sale deed is enough to prove in court of law regarding my ownership, title and rights on the property? 2) Is my documents (sale deed, mutation, proof of payments, physical possession & seller confirming property sold) is enough in the eyes of law and the sale deed will not be voided if challenged in court in future under any circumstances? 3) Can I sleep peacefully considering Indian law and courts takes a holistically approach and do not rely on technical jargons? :D Apologies if my questions looks desperate that's because it's my life time savings and cannot afford to loose it coming from a middle class family.
Rectification deed is not mandatory . These are minor errors
your documents confer you title to the property
you can sleep peacefully
Yes there is no issue if any legal heir of his is challenging the same you can counter it
It’s not a defective title per se, but it’s imperfect and could be challenged without rectification.
The typographical error ("undivied") is minor, the preposition error ("from" instead of "to") is moderate, and the missing clause is significant. While not fatal to the validity of the sale, these issues collectively undermine the robustness of the deed, and rectification is strongly recommended.
No, the sellers do not have a valid title over the property post-registration, as the sale appears complete under the law. However, the missing clause introduces ambiguity, making your title vulnerable to frivolous claims.
Yes, the sellers or their heirs could challenge the deed in court, citing the missing clause, but their chances of success are low. Rectifying the deed would significantly reduce this risk.
Rectification is not legally mandatory, as the sale deed, being registered, meets the basic requirements of Section 54. However, the errors and missing clause create vulnerabilities that could complicate future transactions or invite disputes.
Register the rectification deed at the Sub-Registrar’s office in Faridabad. A registered rectification deed strengthens your title, removes ambiguity, and minimizes future challenges.
Seller’s Indemnity Bond does not correct the sale deed itself or perfect your title; it only offers a remedy for losses. If the seller becomes insolvent or uncooperative, enforcing the bond could be challenging
Yes, if not rectified, these issues could pose problems when selling. A rectification deed now will save time, cost, and stress later, ensuring a smooth transaction.
A poorly drafted deed, while valid, can invite challenges or complications
While your sale deed is legally valid and the sale appears complete under Section 54, the errors and missing clause create vulnerabilities that could affect your peace of mind, future sales, or potential disputes. A rectification deed is not mandatory but is strongly recommended to perfect your title, eliminate ambiguity, and protect against challenges from the seller or their heirs.
1. It does not seems to be mandatory because the errors what you observed are minor and will not impact your title even slightly. The registered sale deed on your name confers clear and absolute title on you.
2. Yes, they are substantial documents to support your title.
3. Your fears and worries are unnecessary, you can be rest assured of your ownership of the property.
1. YES, Your sale deed is enough , if the other party is not traceable.
- However, if he refused then you can send a legal notice to assist you in the process of rectification deed.
2. Yes
3. Yes.
Based on facts shared, your registered sale deed, mutation in your name, payment proof, and physical possession together form a valid and enforceable title under Section 54 of the Transfer of Property Act. The minor spelling errors and missing ownership clause do not make the title defective, as the intent to sell, receipt of consideration, and possession are clearly recorded. Rectification deed is not mandatory, but advisable for clarity if the seller cooperates. Even without it, your ownership stands protected in law, and courts will interpret the deed holistically. You can consider your title safe and legally sound.
Dear Sir/Madam,
First of all, you are suggested to be bold and courageous and never feel desparate in asking any things and getting your issues and worries resolved. In fact, we-the advocates are the persons to understand your situation as it involves your life savings and you should face any problem out of the sale happened with silight errors. it is suggested that in the present scenario, where the possession is with you and the government records reflect your name, the rectification deed is not mandatory and you may just ignore the one clause and minor errors and can consider my sale deed is enough to prove in court of law regarding my ownership, title and rights on the property. Further, the documents i.e. sale deed, mutation, proof of payments, physical possession & seller confirming property sold is enough in the eyes of law and the sale deed will never be voidable if challenged in court in future under any circumstances. You have all the reseaons to sleep peacefully considering Indian law and courts takes a holistically approach and do not rely on technical jargons.However, to avoid any future worry, you may start by writing to the mediator and the vendor for correction of these small error and if you get the answer that present situation is sufficient for you, your purpose of the rectification is solved forever.
Hello to all the respected lawyers, I have gone through each of your answers and would definitely like to for a rectification deed. However, all these days I was cross checking the sale deed again and found few more errors. I am feeling so anxious as they will handover me the property on 29th June'25. I am skeptical If I should tell them about these error before getting the physical property as it might give them a opportunity of fraud even though they are genuine family. Incase if they deny for rectification after getting me the physical possession what are my remidies? It was a jointly owned property by husband & wife and also sold jointly to me and me wife. Below are the errors I found additional to the error I found initially: * It's a Jointly owned property by husband and wife. Husband did signed exactly the same as his PAN card and matches with their sale deed when they bought the property from builder but wife signature is different than her PAN card and original sale deed. Although, I do have a pdf copy of her PAN where she did both the signs. Q) I find this most disturbing, how can we get this rectified through rectification deed or affidavit? * Consideration paid amount total is correct but breakout is incorrect for one of the amounts. Q) Is this a problem, should I get this corrected in rectification deed? * I used my old photograph almost few years old. Q) In the rectification deed can I use latest photograph or it should match with the original sale deed? I would appreciate all of your support and suggestions. Additionally, if anyone can provide me a good propper lawyer in Faridabad, Haryana to carefully draft the rectification deed I would be obliged of your support forever.
If total amount is correct ypu don’t have any thing to fear
2) signature of wife may have changed . Not ground for rectification deed
3) mere using old photograph will not affect validity of sale deed
1. The differing signature of the wife from one document to that of the sale deed is not an error, if her particulars match with the identity proof and she herself had signed the registered sale deed in the presence of the sub registrar. You need not be concerned about her differing signature.
2. If the venees / sellers have acknowledged the receipt of the entire sale consideration amount then there is no dispute with regard to the break up amount.
3. You have given your own photograph whether the old one or the current one, it will not make any difference, there is no necessity to replace the same at this stage and it will; not be entertained.
Your concerns on the points raised by you now do not have any legal infirmity hence you can proceed as it is without thinking of getting execution of a rectification deed.
You don’t need local lawyers. Any lawyer can draft it and send you
Take possession first as planned. Do not raise rectification issues before that.
The signature mismatch, payment breakup error, and old photograph are minor issues. Since the sale consideration is fully paid, possession is given, mutation is done, and documents are proper, your title is legally valid.
Rectification deed is not compulsory but good for long-term clarity. If seller cooperates, you can include all corrections in one rectification deed. New photo can be used.
If seller refuses rectification later, your ownership still remains valid. Courts generally see full transaction, not minor errors.
You can stay peaceful. Legally, your ownership is protected.
1. The signature on the sale deed is not mandatorily should be same as the PAN card .
- Difference in the signature of wife is not a matter of defection, so it not need rectification.
2. Generally , at the time of registration of sale deed , the photographs is taken by the concerned office and affixation of separate photograph is not needed.
Dear Sir/Madam,
In the present scenario, it is suggested that you go for rectification deed and not the affidavit. Ask the husband/wife and mediator to do the needful correcting all the mistakes/errors of the previous sale deed and giving reasonable that those errors were inadvertant and unintentional and those are corrected by the medium of rectification deed.