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.
Dr. J C Vashista
(Expert) 15 August 2025
Get a rectification deed registered with concerned sub-Registrar.
Dr. J C Vashista
(Expert) 16 August 2025
How does Section 26 of the Specific Relief Act, 1963 apply in the instant case, which reads as:
"Section 26 in The Specific Relief Act, 1963
26. When instrument may be rectified.—
(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956) applies does not express their real intention, then—
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed:
Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim."
Accordingly section 26 do not attract instant case. Please correct me if you find it as otherwise.
Yashvant Bhardwaj
(Querist) 30 August 2025
Thank you Sir for you advice. But my real intention was not just to get a title of the property but also to get an easily "marketable title" so that I could easily sell my property. Investment was also one of the ways I wanted to use my property. The mistakes clearly obstruct the ability to sell easily at a good price. Can I get a relief?
T. Kalaiselvan, Advocate
(Expert) 31 August 2025
The erroneous flat number is an error apparent.
It is a self-evident mistake of law or fact that is clear to anyone on a "mere looking" at the record.
You can ask the vendor to execute a registered rectification deed to rectify the correct flat number, however the spelling of the person who represented the vendor/builder is not serious mistake because he is not the seller nor having title to the property by a registered deed so that the error is obvious which may create doubt about the title to the seller.
Dr. J C Vashista
(Expert) 31 August 2025
It can be corrected by filing an application u/s 152 CPC.
Yashvant Bhardwaj
(Querist) 01 September 2025
Sir, thank you for your advice. I have asked the seller to execute a rectification deed but he is showing reluctance. What is the remedy when the seller is not willing to execute rectification deed. Under which act should I file an appeal. Can a declaration appeal be allowed.
kavksatyanarayana
(Expert) 01 September 2025
You can file a declaratory suit stating the facts regarding the sale deed errors.
