- As per law, a deed can be rectified after executing Rectification deed with the consent of both the parities i.e. seller and buyer.

- Further, Signature is a handwritten mark made as a proof of identity and intent;, hence no body can challenge the same, until there is refusal of the document by either of the parties of the deed.

- Further, if the deed has been registered from the office of Registrar in the presence of witnesses, then authenticity of the deed cannot be challenged. 

- Further on a registered deed, signature is having less value than the figure print , thumb impression taken at the time of registration.

- Hence, if the signature of buyer is missing on some of the pages of the deed , then it will not create any problem , as the sellers signature is mandatory. 

Hi, in page 2 in the registered Sale Deed, both seller and the purchasers photo along with thumb impressions and signature is there you have to verify it. If it is there, then don't worry nothing will happen. It is legally valid.

in the present case, in the context of sale and purchase of immovable property, it is the signature of the vendor being a person who executes the document that is crucial and absence of signature of purchasers does not render the document defective in any manner.

As such no issue as sale deed is registered and one of the Buyer that mother had signed sale deed before registrar.  Ensure that sale deed between you and sellers be signed by all sellers and you. Also obtain affidavit to this affect. 

Apparently, it raises doubts. It may be a fabricated document. The entire sale deed needs to be scrutinised. You may obtain a certified copy and share its image with any lawyer in this platform and seek his/her opinion. Generally, all parties should sign each and every page. 

You cannot do anything to rectify this error.

It is the duty of the seller to rectify this error found in the registered sale deed in his possession.

You can insist the seller to rectify the mistake by obtaining a registered rectification deed duly  executed by the builder in his favor after which you can obtain a proper legal opinion from an experienced lawyer in the local and then proceed if recommended.

It doesn’t happen in registeed sale deed. If it’s a mistake same needs to be rectified else you may face title issues ahead 

Let a Rectification Deed be executed by the seller in favour Shankar & his Mother and registered in the jurisdictional Sub Registrar's Office.  After this procedure is completed, you can go ahead to purchase the property after obtaining legal opinion from any Lawyer

deed of rectification is to rectify mistake in sale deed 

confirmation deed is to confirm that flat has been sold by builder to buyer 

it should suffice 

Sale deed is defective. Have to rectify at SRO.

Rectification Deed will be necessary when in the main deed certain errors have crept in and such errors are rectified through executing Rectification Deed.

On the other hand, a Confirmation Deed admits and ratifies the flow of title. It confirms the sequential events. If confirmation deed can be executed by the Ferns in favour of the present seller, it should suffice. Obtain legal opinion for the property from any Lawyer before proceeding further.

The confirmation deed should confirm the sale and also the execution of the previous document by all the parties concerned and narrate the fact that in it they had by oversight omitted to put their respective signatures wherever required. Further it should say that the confirmation deed should be treated as part and parcel of the previous document.

- Since, there is no error in the deed , and signature is missing , then there cannot be rectification deed , and hence to execute a Confirmation deed . 

Rectification deed is for correction of a mistake while confirmation deed is to confirm that he had executed the stated documents. Confirmation deed shall serve your purpose. 

A deed of confirmation means assent to the estate already built. By the confirmation, the parties further give legal validity to the property. An individual may assent and confirm documents of conveyance executed by another individual.

By the confirmation, the parties further strengthen and give legal validity to the estate.

Therefore in order to go for rectification deed for this minor issue, if the seller is ready and willing to execute a confirmation deed, then it should be enough to confirm the title on the name of the buyers transferred by the seller. 

Both can be done but in your case rectification is better but needs to be registered 

The information provided suggests a discrepancy in the execution of the sale deed for the plot purchased by Mr. Shankar and his mother from the builder, Ferns.

Impact of the issue: The absence of Mr. Shankar's signature on the sale deed could raise questions about his consent and involvement in the transaction. It may affect the validity of the sale and potentially create complications in the future when you plan to purchase the plot from Mr. Shankar.

Rectification deed: A rectification deed is typically used to correct errors or omissions in a previously executed deed. If there is an omission of Mr. Shankar's signature, a rectification deed may be an appropriate legal instrument to correct the issue. However, the availability and viability of a rectification deed would depend on the specific circumstances and the laws of your jurisdiction. Consulting with a real estate attorney would provide you with the best guidance.

Confirmation deed: A confirmation deed is different from a rectification deed. While a rectification deed corrects errors or omissions, a confirmation deed reaffirms or confirms the terms of an existing agreement. In this case, a confirmation deed may be used to confirm that Mr. Shankar and his mother were indeed the buyers of the plot, even if their signatures were missing on certain pages of the original sale deed. Again, the availability and appropriateness of a confirmation deed would depend on the laws of your jurisdiction.

Legal advice: It is crucial to consult with a real estate attorney who can carefully examine the sale deed, understand the specific laws and regulations governing property transactions in your jurisdiction, and provide you with the most accurate advice. They will be able to guide you on the best course of action, whether it involves a rectification deed, confirmation deed, or any other legal instrument necessary to address the issue.

even if deed of rectification is not executed the sale deed would be valid 

2) deed of rectification if executed has to be stamped and registered 

3) no need to add further clauses 

No such deed is required. Further contents are not in right spirit and relevance.

This seems to okay, but where is the completion part of the deed?

Thus the rectification deed is an essential part of the principal sale deed. 

Yes it’s proper 

𝙸𝚝 𝚊𝚙𝚙𝚎𝚊𝚛𝚜 𝚝𝚘 𝚜𝚊𝚝𝚒𝚜𝚏𝚢 𝚝𝚑𝚎 𝚗𝚎𝚎𝚍 𝚏𝚘𝚛 𝚛𝚎𝚌𝚝𝚒𝚏𝚒𝚌𝚊𝚝𝚒𝚘𝚗. 

- Yes, it is Ok 

- The registration of Rectification deed is mandatory from the office of the sub - registrar. 

Clause I: This clause provides the background and context for the sale of the property. It includes the details of the property being sold, its location, and the relevant approval and registration information. It seems comprehensive and covers the necessary information.

Clause II: This clause acknowledges the existence of mistakes in the Principal Deed, specifically regarding the Second Party's signatures. It clarifies that the mistakes were accidental and requires rectification. However, it might be beneficial to specify the exact nature of the mistakes, such as the missing signatures, to provide more clarity and avoid any potential confusion.

Clause III: This clause states the specific pages in the Principal Deed that require rectification due to the absence of the Second Party's signatures. It accurately highlights the pages that need to be corrected to reflect the intended agreement between the parties.

Overall, the clauses you've provided appear to address the need for rectification and highlight the specific areas in the Principal Deed that require correction. However, it's essential to work closely with your lawyer to ensure that the rectification draft accurately represents your situation and complies with the relevant legal requirements.