A Sale deed was regisered in favour of my wife before her divorce with ex-husband. Whole sole owner is my wife but name of her husband is written as her husband. Now found some TYPING ERROR (APARTMENT NAME IN INCORRECT) in that sale deed. The Seller is ready to co-operate with us. Now Kindly provide expert advise that while executing Correction Deed in Sub-registrar Office,: 1. My wife has to mention her old identity in Correction Deed and submit her old ID Proof and Address Proof as was submitted at the time of Sale Deed. OR 2. She has to mention her latest identity and submit her latest ID Proof (which shows my name as husband) and latest Address Proof.
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1. For executing the Rectification Deed now, let your wife submit her latest ID ( which shows your name as husband) and latest Address Proof.
2. Due to change in marital status at the time of executing the Rectification Deed now, her latest ID and Address Proof shall be a valid legal document.
deed of rectification would mention her old identity and her latest identity . id proof and address proof
it should mention her latest name and also refer to her earlier identity formerly known as
The old identity has to be mentioned as the rectification deed relates back to the date of execution of sale deed, but the present identity should also be mentioned thereunder. She can submit both her previous and current ID cards and let the registrar decide which one he is going to accept.
1. In the rectification deed now proposed to execute, the rectification pertaining to the errors alone can be made and not any other thing. All other details as fond in the original deed are to remain the same without any making any amendments owing to the change in the present status.
2. She cannot mention her latest identity or status because this deed pertains to that period and her status as on that date as found in that original deed should remain as it is. Any change in that as per present status shall render it invalid.
Respected Sh. T.Kalaieselvan, As per the instructions of the Sub-registrar office, while executing rectification deed, my wife has to present her ID card of that earlier period, but she does not have any proof of that period. (which i my view is not legal) As per rule, at the time of registration of rectification deed, both the parties compulsorily has to submit copy of their ID proofs along with the deed. Now kindly advise that AS PER RULE, the ID proof must contain the present identity status and address OR the previous one which no more belong to her at present. If she uses her Driving licence as ID proof which shows her previous name, previous spouse name, and previous address, it is not illegal?
Your wife does not have I'd proof of earlier period
Your wife should submit latest I'd proof with deed
Deed should mention her earlier id
As far as the rectification deed is concerned, the amendments to be carried out will be in respect of the error in the name of apartment only, hence all other details have to remain the same.
She does not have to carry the present id proof to prove her present status, just because she has divorced him now and married you.
She would have submitted the id proof which was mentioned in the sale deed earlier, so you may take the same proof now also if the registrar is insisting on it..
The id proof of that time is for reference only because this deed is of that time except for the rectification carried out in it now.
Your wife can produce her divorce decree to prove her identity before the sub-registrar. If the divorce decree is also not accepted then your wife may move the High Court through a writ petition to issue necessary directions to the sub-registrar.