Specific reliefs act 1963
Yashvant Bhardwaj
(Querist) 13 August 2025
This query is : Resolved
I want to file an appeal in Specific Reliefs Act, 1963, section 26 for rectification of my sale deed. There are two mistakes. First, is in the flat number of my flat. This was clearly a mutual mistake since the draft of sale deed was prepared by the vendor but I failed to notice the mistake while signing the deed. Both parties signed the deed. Flat no. was clearly mentioned in the allotment letter. The second mistake is in the name of the vendor's authorised representative who came to execute the sale deed. The board of resolution correctly mentions his name but in the sale deed his name's spelling is wrong. I had asked them a couple times before execution of the sale deed to show me the board of resolution but they did not. Later on while inspecting the register of the sub registrar at the time of obtaining the certified copy I noticed his aadhar card had a different spelling of his name. This was clearly a suppression of facts. In my opinion this is a case of fraud. Now, the first mistake is due to mutual mistake and the second mistake is due to fraud. What should I allege in my overall appeal, fraud or mutual mistake. Can I allege mutual mistake for first mistake and fraud for the second in the same appeal.
Also, I bought the flat jointly with my Uncle's son Paramjeet Bhardwaj who currently is residing abroad and cannot come to attend the case on every date. The description of Purchasers in the sale deed is written in the following way: "Yashwant Bhardwaj jointly with Paramjeet Bhardwaj hereinafter referred to as the Purchaser(s)". This means there is a joint liability imposed which is different from joint and several liability. Does the "jointly with" clause mean that both of us would have to appear on each date, or can I appear alone on each date and Paramjeet need not come.
T. Kalaiselvan, Advocate
(Expert) 13 August 2025
You first issue a legal notice to the seller to rectify the error in the registered sale deed, failing to comply you may file a suit for specific relief along with joint purchasers.
P. Venu
(Expert) 13 August 2025
The errors, if at all any, are merely clerical. Such errors could be settled through mutual discussion, or at the most through an advocate notice.
An action under Section 26 lies when the document does not express the intention of the parties. Facts posted do not suggest any such element.
kavksatyanarayana
(Expert) 13 August 2025
These mistakes are not clerical errors and require a rectification deed to the registered sale deed, which should be registered before the SRO concerned. The presence of your uncle's son is not necessary. Obtain his photo affixed to the representation form with his signature is sufficient.
