Correction of my name by whitener in sale deed

This query is : Resolved 
 

(Querist)
29 February 2012

My name is Rajesh Kumar. Last week, I bought one 30X50 BMRDA site from the previous owner of the land. The site has no issues and is proper. The issue is,
While executing my Sale deed, we found that in my name, my father's last name was wrongly mentioned at the end. Instead of Rajesh Kumar it was mentioned as Rajesh Kumar .M .

My father name is Ashok .M

I pointed out this mistake and my lawyer strike out the .M with the whitener and said that no issue will be there as it stike out with the whitener.

The sale deed went for scanning after the whitener mark and subsequently got the signature from both the parties. The whitener changes was signed only by the previous owner in the sale deed.

My queries are,

1) Is the sale deed needs to be corrected by Correction deed?

2) If the whitener change is fine, the whitener changes only signed by the previous owner and not by me. Is it fine?

I am too much worried about the changes done by whitener.Kindly let me know on my queries.

Thankss in Advane!
Rajesh Kumar.








Arvind Singh Chauhan (Expert)
29 February 2012

You didn't mention here that sale deed was registered or not ?

If it is registered it can be rectified through rectification deed.

If possible it is proper to get initials at the portion where whitener is used.

Buyer's signature is not necessary.

prabhakar singh (Expert)
29 February 2012

NORMALLY WHEN ANY MISTAKE IS CREPT IN DRAFT OF ANY DEED IT IS PRACTICE TO WRITE A CORRIGENDUM AT THE FOOT OF THE DEED THAT LETTER OR WORD SO AND SO ON SUCH A PAGE IN SUCH A LINE IS SCORED OUT.

IF THE DEED STATES AT FOOT THAT LETTER WAS WRONG HENCE REMOVED BY WHITENER THEN YOU NEED NOTHING TO DO.IN CASE IT IS NOT SO THEN APPLY FOR A CERTIFIED COPY,IF IN THAT COPY ALSO,SUCH LETTER IS FOUND DELETED,THEN YOU MAY COOL DOWN OTHERWISE YOU NEED TO GO FOR A RECTIFICATION DEED.

Adv.R.P.Chugh (Expert)
29 February 2012

Excellently answered by Prabhakar Sir...worth it's weight in gold for a young lawyer like me :) thanks

Rajesh (Querist)
29 February 2012

Thanks for your valuable reply.

@Arvind sir,
The sale deed is registered at the registered office with registrar sign and seal.

I do not want the Initial (.M), Which I never used anywhere of my Certificate and passport. That is the reason the Initial(.M) was erased with Whitener and after that it went for scanning and registrar signature.

All other place in the document the name was mentioned properly as Rajesh Kumar.
---------------------------------------
@Prabhakar Sir,

The whitener change reason was not mentioned in the foot of the sale deed. The lawyer just strike out the wrong Initial mark and he got signature from the seller at the time.

All other places in the document, the DD number section and thumb impression section the proper name is mentioned.

Even my Pan card number and the proper home address also mentioned in the document.

I have got the encumbrance certificate and verified my name and the name is mentioned properly there as well. I have also got the Khata document with the proper name mentioned.

Please let me know if still I have to apply for a certified copy.

Thanks is advance!






raj kumar makkad (Expert)
29 February 2012

There shall not be any adverse impact as the seller had signed over the place wherein whitener was used.

mahendrakumar (Expert)
01 March 2012

since the seller has signed at the place,wherein whitener was used,nothing to worry.

V R SHROFF (Expert)
01 March 2012

Doc was scanned for Regn after the Whitener, so no problem. IT IS OK.

Rajesh (Querist)
01 March 2012

Thank you all for valuable clarifications.
Really it helped me lot.




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