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How To Rectify Incorrect Name in Sale Deed Document?

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How To Rectify Incorrect Name in Sale Deed Document?

Last updated: June 14 2016
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  • How To Rectify Incorrect Name in Sale Deed Document?

    Hi,
    I had registered my house couple of years ago, during the time of registration I found my name was misspelt. so it was erased by a white marker and the correct name was written and was registered. At the time of registration when I asked registrar he told this will will not be a issue. The same sale deed has been submitted to SBI bank , since it is under mortage.

    However recently when I went to pay my property tax with a copy of the sale deed, it was pointed out that this sale deed needs to be rectified.
    Seniors in the forum can you please advise, whether this sale deed will hold good or is it invalid. Please advise on the next steps if it needs any correction.

    Regards,
    Rohan
  • #2

    #2

    Re : How To Rectify Incorrect Name in Sale Deed Document?

    This artical may help you.


    Confirmation deed to rectify errors

    Confirmation deeds are also known as correction deeds. They are entered into between parties to rectify any errors made in a previous deed. These errors may include typing error, misspelt name, error in property description, or any other error in execution of the documents. These mistakes can be later corrected through a deed of confirmation.

    A confirmation deed means assent to the estate already created. By the confirmation, the parties further strengthen and give legal validity to the estate. A person may confirm and assent documents of conveyance executed by another person

    It may so happen that a party to a document has made a mistake while signing the main document or has failed to admit the execution before the sub-registrar within the prescribed time. As such, a sub-registrar may refuse to register the document. Or else the parties may have executed the documents, but failed to register at a sub-registrar's office to admit execution, and the registering authority may refuse to register the document. In order to remedy these defects, a deed of confirmation has to be executed by the party concerned, where he confirms the execution of principal deed and further adds that the principal deed is valid and binding on him. He also confirms that he has no right, interest, or title to the property transferred which belongs to the purchaser/transferee. Also, a copy of the principal deed should be annexed to the deed of confirmation. The copy should also be signed by the party executing the confirmation deed. This avoids execution of fresh documents, payment of stamp duty and registration charges.

    The Indian Registration Act recognises confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in immovable property needs to be registered. The confirmation may be given either by acquiescence , by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.

    These deeds are separate and distinct from cancellation deeds. It may so happen that there may be certain written documents, which by their nature or by operation of law, are either void or voidable under certain circumstances. These documents may be against the interest of some party.

    There may be documents of contract that are void as they are either against the law. In such cases, the parties to the document may cancel the documents by mutual consent. An agreement for sale, mortgage, lease, partition, licence etc may be cancelled with consent of all parties involved in the transaction.

    In case the parties do not have mutual consent, the affected party needs to seek the intervention of the Court by filing a suit under Section 13 of Specific Relief Act.
    Cancellation deed attracts stamp duty in accordance with the Indian Stamp Act. If the main deed is required to be registered under the law, the cancellation deed also needs to be registered. Unregistered documents may be cancelled by consent of all parties. All the parties concerned should sign the document, certifying its cancellation. It is to be noted that a duly executed and registered deed of conveyance cannot be cancelled by mere deed of cancellation. The parties need to execute a reconveyance deed and get it registered.

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    • #3

      #3

      Re : How To Rectify Incorrect Name in Sale Deed Document?

      In my case the sale deed which is registered is correct with my correct name on it, only thing which is concerning me is that it is hand written and the misspelt name was erased with a white marker, that was the only correction made in the sale deed at the time of registration.

      Comment

      • #4

        #4

        Re : How To Rectify Incorrect Name in Sale Deed Document?

        A rectification deed is a must for any mistake in the original deed. Do it at the earliest occasion, when the buyer and seller should be present in the registrar's office. Go through a Professional. Though the cost of rectification deed is only Rs. 100/-, other costs are high indeed. I am speaking from personal experience of a small mistake in the Plot No.

        Comment


        • Selvakumar K
          Selvakumar K commented
          Editing a comment
          Dear Sir, I am currently facing the same problem. The property was purchased by my father 28 years ago. The plot was mistyped as 1 instead of 2. However the boundaries are correct. Now i taken the doc for mortgage loan. They pointed out the mistake and cancelled my loan. What can i do now? How to rectify the plot number issue. The person who sold the property to us died 5 years before. Can my father proceed for the rectification deed alone? please guide me if you have any idea on the same.
      • #5

        #5

        Re : How To Rectify Incorrect Name in Sale Deed Document?

        Had it been signed by both buyer and seller wherever whitener and corrections were made ,it is fine in all aspects . Or else, Rectification deed is the only solace and correct legal remedy citing all such clause clearly once again through simple process .

        Originally posted by radnats View Post
        A rectification deed is a must for any mistake in the original deed. Do it at the earliest occasion, when the buyer and seller should be present in the registrar's office. Go through a Professional. Though the cost of rectification deed is only Rs. 100/-, other costs are high indeed. I am speaking from personal experience of a small mistake in the Plot No.

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        • #6

          #6

          Re : How To Rectify Incorrect Name in Sale Deed Document?

          Thanks everyone for the prompt replies, is there are any time frame by which this rectification needs to be done, moreover my original sale deed is with the bank since it is mortaged.....Is the original sale deed necessary for applying for the rectification deed, Please advise.

          Comment

          • #7

            #7

            Re : How To Rectify Incorrect Name in Sale Deed Document?

            In the absence of having Duplicate sale deed with you, you may inform bank to send rep with such document to get Rectification deed admitted by SRO .

            In your case,bank and SRO are not the issue but Poperty tax dept.

            Simple.... apply for copy of document either thru tnreginet or through Doct writer. Apply with that copy for registering Property tax saying that original was deposited and locked with treasury dept for safe custody .



            Originally posted by rohanus View Post
            Thanks everyone for the prompt replies, is there are any time frame by which this rectification needs to be done, moreover my original sale deed is with the bank since it is mortaged.....Is the original sale deed necessary for applying for the rectification deed, Please advise.
            Last edited December 6 2012, 09:16 AM.

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            • #8

              #8

              Re : How To Rectify Incorrect Name in Sale Deed Document?

              Please take a EC and check your name, if it is poroper then it should be ok I feel.

              Thanks
              Last edited September 16 2015, 05:22 PM. Reason: Original Name Mentioned

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              • #9

                #9

                Re : How To Rectify Incorrect Name in Sale Deed Document?

                Yes the EC is in my name only, moreover one of the lawyers has told that as long as the copy of the sale deed is the same with SRO and the original, there will be no issues.Rectification deed is only applicable for any changes in the document, in my case only the counter sign by the builder is missing please adise.

                Comment

                • #10

                  #10

                  Re : How To Rectify Incorrect Name in Sale Deed Document?

                  As RaviCbe said, if the buyer and seller have not signed at the place where correction was made in the original deed, there is no alternative other than Rectification deed.
                  1. Though there is no time limit, do it fast as the middle men's rate will increase when you take the issue late.
                  2. EC in your name does not render your defective document valid.
                  3. Unless you rectify the mistake, you will not get full value for the property.

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