• Sale Deed contains different cheque number

Hello,

Plot got registered with Sale Deed containing one cheque number.
But cheque got dishonored due to mistake/correction in the cheque.
Later paid the entire amount by 2 cheques immediately.

So is it required to do the rectification deed or getting a receipt/letter
from the developer on the payment would suffice. The Sale Deed
is still valid after this payment ? Any foreseeable risks ?

-Manjunath
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) request the builder to enter into deed of rectification to mention that payment has been paid by 2 cheques  by you  . 

2) offer to pay the legal charges . builder will definitely oblige
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
a written receipt from the seller acknowledging the receipt of the two cheques on his official letter head would also suffice, to be duly signed and stamped. 
rectification deed can only be optional.
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0
Rectification is optional thing. You need to get an endorsement from  them and get it in a stamp paper that they received payment with endorsement number
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Receipt collectred from the builder should suffice but not full proof,

2. The builder may create trouble after several ywears when you may not have the required bank details to prove that you subsequently issued two cheques in lieu of the bounced cheque,

3. Moreover, legally speaking, there is a mistake of cheque no. in the sale deed since the said cheque had bounced,

4. Hence, rectification deed is suggested in your interest.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
291 Consultations
5.0 on 5.0
1. Receipt of payment issued by the builder would ordinarily suffice, but to be on a safer side you should ask the builder to execute a rectification deed.

2. In the absence of a rectification deed in your favour the builder can make an attempt to oust your proprietary rights. It is such apparently flimsy yet legally vital mistakes which can cause a tremor in the ownership rights of an individual. Sale deed can be vitiated on the ground that it contains the number of a cheque through which the purchase amount could not eventually be remitted. You can thus be on a very sticky wicket and may not be able to save your property.

3. Persuade him to make a rectification deed in your favour. Show your willingness to bear the legal fee of the lawyer towards execution of the deed. If even then he refuses to make the rectification deed then move to court and file a case for legally compelling him to make the rectification deed in your favour. If court orders him to execute the deed then he shall be obligated to do so.
Ashish Davessar
Advocate, Jaipur
19588 Answers
507 Consultations
5.0 on 5.0
The best course of action would be rectification deed to avoid any complication in future.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Prefer a rectification deed. If the builder does not co-operate then prepare a separate memo of understanding detailing therein the reference to sale deed, cheque dishonour, issuance of fresh cheques in lieu of bounced cheque ,  acknowledgement of the same by the builder and get it signed by the builder in presence of some witnesses.
H. S. Thukral
Advocate, New Delhi
526 Answers
141 Consultations
5.0 on 5.0
Hello,
Since it is a sale Deed I would recommend you to go for a rectification Deed so that the record is clear and there is no ambiguity.
If you settle with the receipts issued later by the builder for payment received it may suffice but it would entail a different document to be always forming a part of the original document and such similar complications.
Be ready to bear the registration charges when you approach the builder.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
Hi, it is better go for an rectification deed and there may be a complication tomorrow.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
Once execution of sale deed complete it is mean that vendor has received full consideration,but better to execute a Deed of Rectification for future problem.
Minansu Bhadra
Advocate, Kolkata
266 Answers
24 Consultations
4.8 on 5.0
A. Once registered the Sale Deed presumption is consideration amount has been received by the Seller.

B. In your case, consideration amount not paid as per the mode of payment of Sale Deed. However, since you paid the amount by issuing 2 cheque that the better you enter a rectification deed of sale and correct the mentioned mode of payment in Sale Deed

C. Sale Deed would be valid unless a cancellation of deed executed before the Sub Registrar.

D. If rectification deed is not possible, You can also take acknowledgement in stamp paper by  mentioning Sale Deed registration details along with facts  from the builder regarding the same.
B.T. Ravi
Advocate, Bangalore
751 Answers
35 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19588 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6911 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2031 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1302 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0