Contiguous plots of land in Telangana were purchased in company’s name in 1987 through separate sale deeds with individual vendors and a house was built on it subsequently. The issue is that the mentioned company name in the sale deed has an extra ‘h’ when compared with actual company’s name. Director name and registered address in Sale Deed are correct. Schedule / Boundaries are also correct. It is planned to sell these house plots eventually. To do so without issue, it has been suggested that a rectification deed involving the Purchaser and Vendors is the only way to correct the typo. This will presently prove challenging given that many of the vendors at that time (all family members) are deceased by now. Involving their legal heirs may prove operationally difficult and expensive. It has also been suggested that a rectification deed may not be entirely necessary as it is only one letter mismatch, and as other salient details are correct, it may be sufficient to convince potential purchaser of the validity of title / ownership especially if an affidavit should also be provided by the company. Look forward to your advise.
As the property underwent many registrations from the year 1987 till today and as there was no issue or any problem so far by any buyer or even the lenders/ banks / NBFCs , this minor typo error is ignorable without needing the cumbersome process of executing a rectification deed after almost four decades of its original registration.
If the error is considered essential then the company may be asked to furnish an indemnity bond to indemnify against any legal issues at a later stage.
1. Since there's only one letter mismatch, it would be sufficient to convince the prospective purchaser.
2.. However, if Rectification Deed can't be done now, due to certain constraints, then the Company can now execute a registered Declaration/Declaratory Deed, rectifying the mistake that has crept in the sale deed, in the jurisdictional Sub Registrar's Office.
The issue of a one-letter typo in the company name on the sale deed for contiguous plots in Telangana, where director name, registered address, boundaries, and other details are correct, requires careful handling to ensure smooth future sale transactions.
The legally proper and safest solution is to execute a rectification deed (also called a deed of correction). This deed is registered with the Sub-Registrar office and formally corrects the spelling error while affirming the original sale deed’s validity. Since many original vendors are deceased, involving their legal heirs for signatures can be challenging and costly but is generally necessary for valid rectification.
If rectification deed execution proves too difficult, an affidavit from the company affirming that the deed with the minor typo refers to the same company can be provided to reassure buyers and validate ownership. However, such an affidavit alone is not a full legal substitute and may not fully protect against future disputes or title concerns.
In summary:
Rectification deed involving purchaser and vendors/legal heirs is the preferred and legally clean method.
Registration of the rectification deed incurs nominal stamp duty and registration fees.
Legal heirs must be involved for valid rectification if original vendors are deceased.
Affidavit from company about the typo is a stopgap to assure buyers but not a permanent fix.
Rectification deed ensures clear title and hassle-free future sale transactions.
Therefore, plan to pursue rectification deed registration while preparing affidavits and disclosures as needed to manage practical challenges of deceased vendors’ involvement. This approach safeguards the company’s title and sale prospects effectively.
It can be rectified through rectification deed
Deed of rectification is necessary to rectify mistake in sale deed as to name of company
Appreciate the various views. They have been helpful. A registered Declaration/Declaratory Deed has been suggested but it is my understanding that this may also involve the Vendors. Would an affidavit of declaration registered in book IV be an option ? This should have some value while also avoiding the need for vendors / legal heirs to be present.
There need not be the involvement of Vendors for the Declaration/Declaratory Deed. It's a registered Declaration to be executed only by the Company.
Deed of rectification is your best option
Yes, a unilateral declaration / affidavit by the company and registration in Book IV is possible and will certainly have some evidentiary value. It can help future purchasers and their lawyers understand that the one-letter mistake in the company name is only a typographical error, especially since director name, address and boundaries all match.
However, you should be aware of the limits:
A Book IV declaration/affidavit is not a true substitute for a rectification deed under the Registration Act.
It records your stand, but does not bind the original vendors or their legal heirs, and therefore does not “correct” the original sale deed in the same way.
For a completely clean, marketable title (especially for bank finance), a rectification deed signed by vendors/legal heirs remains the safest option.
So:
Yes, you can execute and register such an affidavit as a practical, vendor-free workaround and supporting document;
But it is best treated as supplementary, not a full legal replacement for a rectification deed.
The registered declaration deed registered in book IV may not very effective especially it may not serve the purpose of rectification, if desired by the buyer.
However you may take a decision based on the suggestions you received here as well as your own advocate in the local.
Declaration deed only needed if other side is not available or is not ready for above rectification
The issue in your 1987 sale deeds involves only a minor clerical error—an additional “h” in the company’s name—while all other essential identifiers such as the director’s name, registered office, plot boundaries, and schedules are accurate. Under property law, such minor spelling variations do not affect the validity of title, especially when the identity of the purchaser-company is otherwise clear and consistent.
A rectification deed is the technically perfect remedy, but in your case it is impractical because many original vendors are deceased and involving all their legal heirs will be cumbersome, time-consuming, and expensive. Fortunately, for a purely clerical error, the law does not compel a rectification deed when it is impossible or burdensome, provided alternative documentary clarity is offered.
A registered declaration/declaratory deed made unilaterally by your company is a valid and accepted solution. It does not require the presence or signatures of the vendors or their legal heirs. The declaration is registered in Book IV and serves as a public notice affirming that the company mentioned in the 1987 sale deed and your actual company/LLP are the same legal entity, with the spelling error being only typographical. This document—when combined with internal company documents—has strong evidentiary value and is widely accepted by buyers, lawyers, and banks during title verification.
To further strengthen your title bundle, you may keep:
• A board resolution confirming the correct company name and ownership.
• A notarised affidavit by the authorised signatory explaining the typographical variation.
• A CA/CS certificate establishing continuity of legal entity, especially after conversion from Pvt Ltd to LLP (if applicable).
Together, these documents will be more than sufficient for due diligence and will help avoid objections from future purchasers without requiring any involvement from the original vendors or their heirs.If you wish to contact us, you may do so on https://qrco.de/syslaw
- 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 a minor error in the name ,hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
