Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Spelling mistake in release deed

(Querist) 03 September 2012 This query is : Resolved 
My mother released her half share in a flat in chennai through a release deed in favour of me a week back which we were owning together.

Now the deed has spelling mistakes. Instead of using a word Releasee , the word release is used in 2nd para and the third para. Actually one letter 'e' is missing and this was a typographical error . My lawyer who drafted this deed does not notice this error while registering. I am trying to sell this property, the buyers are raising this issue saying their bank may raise this issue.

I spoke to my lawyer , he says this is minor issue. His argument was the deed clearly conveys the message unless until if there is a mistake in name,schedule of property there is no need for Correction / Rectification deed and also he claims this will not impact the buyer , and the bank will not raise any questions and they will definitely give loan.


I am pasting the relevant section below from the document.


Relevant Section
=================

1. In Consideration of the Releasor being the Mother of the Releasee and the Natural Love and Affection between the Parties, the Releasor hereby Release her half Share of right, title and interest in the landed property bearing , Chennai District, within the Corporation Limit of Chennai, Comprised in Survey No.--- and Present Town Survey No.--,Measuring to an extent of --- Sq.Feet Undivided Share of Land in ---- Sq.Feet., together with Flat having a Super Builtup Area of --- Sq.Feet., (including all Common areas) bearing

2. The Releasor assure that the schedule mentioned property is free from all encumbrances and that it is not the subject of any litigation or land ceiling or land acquisition proceedings. The Releasor further assure the Release (This should have been Releasee) that no notice of any kind have been received in respect of the property and there is no impediment of any kind for the Releasor to execute this deed and permit the Release (This should have been Releasee) to deal with the schedule property in any manner the Releasee deems fit.


3. the Releasor hereby put the Release (This should have been Releasee) in exclusive and absolute possession of the Schedule of Property to hold the same and enjoy the same absolutely and forever with all power of alienation and permit the Release to cause mutation of revenue records in his name in respect of the Schedule of property.


Please advice me what should I do . Is it better to execute a correction deed?

Regards
Vignesh


ajay sethi (Expert) 03 September 2012
it is minor typographical error . dont need deed of rectification for minor typographical error
mahadevkumar (Querist) 03 September 2012
Is there any chance that purchasers bank deny the loan based on this error?. Is there a easy way to correct this error without using Correction deed.
ajay sethi (Expert) 03 September 2012
we cannot say how bank will react . however since it is miinor typographical error you should not face problems
mahadevkumar (Querist) 03 September 2012
Mr Ajay thanks for your reply . In case if bank insists what are the options I have?.
R.K Nanda (Expert) 03 September 2012
Execute rectification deed.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :