Rectification of sale deed/ccorrect documentation and procedure
mehul
(Querist) 13 August 2014
This query is : Resolved
I intend to buy a property and during checking the sale deed I found that the link document is wrongly mentioned. On (EC) encumbrance search the correct link document is mentioned, I have taken certified copy of that link documents and all THE DETAILS ARE IN order. Now I have to get the sale deed rectified and the person selling the property to me is residing abroad and the party who had sold the property to him is in India.
I have inquired with the registration office and they say that the vendor presence is enough for registration of rectification deed. But I have heard that legally both buyers and sellers should be present. kindly enlighten correct procedure and can a GPA or SP be taken from the person staying abroad to complete the registration of rectification deed legally with out any scope of problems at later date for taking bank loan ,resale, etc.
Kindly mail to mehulbpatel@hotmail.com
P. Venu
(Expert) 14 August 2014
Have you verified the rules?
ajay sethi
(Expert) 14 August 2014
seller can execute POA for registration of rectification deed
Rajendra K Goyal
(Expert) 14 August 2014
Consult a local lawyer. Can get it done through a POA if necessary.
M V Gupta
(Expert) 14 August 2014
I agree with Mr. Ajay Sethi. Get a special POA from the vendor who is abroad in favor of a resident Indian to present the rectification deed and admit execution of the same on his behalf. If the sale deed in ur favor is also to be executed and registered on his behalf include those powers also in the SPA.
Advocate. Arunagiri
(Expert) 14 August 2014
Get the POA in favour of a resident Indian. That POA ought to be notarized by the notary of that country. Then that POA ought to be adjudicated by the Indian Registrar. Then this POA can be used for rectification of that sale deed.
But, my suggestion is that wrong mention of the link document in the sale deed will not be a problem, if the schedule of property is correctly described.
Raj Kumar Makkad
(Expert) 16 August 2014
I strongly endorse the advice of expert Arunagiri as there is no need of rectification if the schedule mentions the correct property.
T. Kalaiselvan, Advocate 
(Expert) 19 August 2014
An error is an error. Mentioning a wrong document as a supporting document/link document to the present sale deed is also considered as a fabricated document. Better get the vendor to either personally execute a rectification document before the concerned registrar or through his POA Agent, but executing a POA deed sitting in a foreign country should be followed by observing proper formalities as envisaged in this regard.
