Rectification deed in the absence of seller
Deepak
(Querist) 11 April 2017
This query is : Resolved
Hi,
Is it possible to get the sale deed rectified in the absence of seller?
Actually, the sale deed was executed 2 years back and the dimension of the property was mentioned as it was present in e-swathu(property ownership record in karnataka). But later it was found out that there was an error in the e-swathu document where dimension of the property is mentioned as 9.144mt*24.99mt(30ft*82ft) instead of 9.144mt*24.38mt(30ft*80ft) as in the mother deed and later we found out that the error was introduced while converting feet to meter from mother deed to e-swathu document.
Now, owner is not co-operating to execute the rectification deed as it involves travel for them and may be expecting additional money for rectification.
Can I get the sale deed rectified without involving the seller as it is a factual error and i have already got the e-swathu rectified? What is the procedure to do so?
Any insight will be deeply appreciated.
Thanks,
Deepak
Adv. Yogen Kakade
(Expert) 12 April 2017
You can not rectify the sale deed without the presence and signature of the seller. If he is denying to execute such correction then you have to initiate the legal process.
Raj Kumar Makkad
(Expert) 12 April 2017
The sale-deed is executed by seller so the correction of contents of sale-deed require his consent and presence before the registrar otherwise you have an option to file a civil suit in which also you need to implead seller as one of the parties.
M V Gupta
(Expert) 12 April 2017
In what way ur interest/rights are affected, as the sale deed mentions slightly more measurement of the plot? U have however got the correct measurements recorded in the e swathu. In my view u need not get the sale deed rectified.
Deepak
(Querist) 13 April 2017
Thank you all for the valuable suggestions.
Mr. Gupta sir, yes, the sale deed mentions slightly higher but the previous entries in the encumbrance certificate mention slightly lesser and there is a mismatch.
I am trying to apply for Home loan in a nationalised bank where they are asking me to get it rectified.
Thanks,
Deepak
M V Gupta
(Expert) 14 April 2017
Dear Mr. Deepak, from the further information provided by u,it is observed that the discrepancy is noticed in the encumbrance certificate also. However, the bank will have to take into account the area as mentioned in ur sale deed and that appearing in the property card, which u have stated got corrected. If the bank so desires u can consider to get the plot surveyed by an approved or licensed surveyor and furnish his certificate. I think this should settle the issue.
Kumar Doab
(Expert) 15 April 2017
Without any disagreement on any post, It is felt that Mr. M.V.Gupta has shown the way ahead.
The error in said e-swathu by revenue office & be corrected by revenue office.
Raj Kumar Makkad
(Expert) 15 April 2017
If mismatch persists in the property document, the banker may deny for advancing the loan facility as the ownership is required to be definite so better to get the sale-deed corrected as suggested.
krishna mohan
(Expert) 18 April 2017
Well advised by experts. I would like to add that as long as the transfer of title matches, there may not be any issue. But on your own interest, take the help of authority who is responsible for rectifying data entry error (conversion from meter to feet) so that they can do the needful in the system based on prescribed procedures. Your document writer or the Registrar of the property can guide you better to fix the error.
