Rectification deed

srinivasan s (Querist) 09 July 2021 This query is : Resolved
Hi,

I am planning to buy a property, we found that there was a mistake related to boundary/directions. the mistake was present on the last three subsequent sale deeds. the seller agreed to execute a rectification deed before we buy the property. The question is do we need to execute a rectification deed on the latest sale deed or is it needed on all the previous sale deeds where we identified a problem?

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When purchasing a property with boundary discrepancies found on previous sale deeds, a rectification deed may be necessary. The key question is whether to rectify only the most recent sale deed or all prior ones containing the error. While some advise rectifying the previous deed, others suggest focusing on the latest deed while referencing the chain of title. It's crucial to consult local property lawyers and the sub-registrar's office, as rectification processes and limitations vary by state, and errors could impact future bank loans and legal checks.

kavksatyanarayana (Expert) 09 July 2021
In consecutive order, the rectification deeds shall be registered by the vendors/sellers in favour of their buyers.

SHIRISH PAWAR, 7738990900 (Expert) 10 July 2021
Hello,

Yes, you can register the rectification deed if you want to make a correction in the boundary of the property now.

P. Venu (Expert) 10 July 2021
In my understanding, it is the previous sale deed which requires to be rectified.

srinivasan s (Querist) 10 July 2021
Thanks for all the response, I am getting different responses from different lawyers. Even when I enquired locally here. If I rectify only the previous sale deed will it create any problem in future especially when I go for bank loan and legal checks?

srinivasan s (Querist) 10 July 2021
Also document writers are saying there is no need to get rectified in old sale deeds apart from the recent one..he is saying there is no such feasible option since the property is transferred to different name confused :(

Dr J C Vashista (Expert) 11 July 2021
The last sale deed executed shall have to be rectified giving reference of chain of title documents.

krishna mohan (Expert) 23 July 2021
For rectification deed, every state has different formalities. You can consult the local sub registrar office on the feasibility of rectification to the extent of your proposal and when feasible get it done through a lawyer specialized on property matters so that the linking of title deeds is error free. Also limitation act may apply for the same and hence better to consult lawyer as above as some state have the process of re registration in case of major errors like wrong survey nos. etc.,

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