Mistake in sale deed

anoop (Querist) 08 December 2014 This query is : Resolved
Hello sir, I wanted to apply home loan.When I submitted all documents to the bank then i found a biggest mistake was done in sale deed of my father,that is my father pasted some paper on sale deed because of some wrong typing has done in that page but now the property is in the name of my mother that was a gift deed done by my father to mother and my father expired in march 2012 so how can i correct that mistake please help me…..

seller to buyer(my father) — sale deed (in 2006)
My father to mother — gift deed (after a month of sale deed)
please help me sir......

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Sailesh Kumar Shah (Expert) 08 December 2014
what is exact wrong typing state here.

Devajyoti Barman (Expert) 08 December 2014
You can execute a deed of rectification to remove this mistake.

Rajendra K Goyal (Expert) 09 December 2014
The error could have been rectified through a deed of rectification from your father. He can do it now.

It seems that the original deed is defaced by paper, obtain certified copy from registrar office.

anoop (Querist) 14 December 2014
Sir my father expired in march 2012....
so i don't know what to do with that paper
and in bank they are asking for original sale deed copy not the certified copy so,
when i showed it to them it is not possible to sanction loan by that sale deed paper...
so please help me sir ...

Guest (Expert) 14 December 2014
Then In this case Consult A Local Good Advocate Stating the Fact that Original sale deed is Damaged and Apply for fresh Original with Court attestations and the procedure would take 90 days and a News paper advt would be mandatory OR Try to Convince the Bank With Undertakings.

prabhakar singh (Expert) 14 December 2014
Equitable mortgage is accepted only on deposit of original title deed.

Since you can not present original due to correction made in unauthorized manner without following rectification procedure allowed by law,the only course open now to go for a registered mortgage in bank's favor
which they shall accept with certified copy
of sale deed and original of gift deed with an affidavit that original sale deed is lost and not traceable.

Sailesh Kumar Shah (Expert) 14 December 2014
rightly advised by the learned expert sh. prabhakar singh.

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