Wrong affidavit
v padmanabhan
(Querist) 15 February 2016
This query is : Resolved
Sirs,
I have taken a home loan in the year 2002 from a nationlised bank and an education loan from the same bank in 2010. While taking the Edu.Loan Bank wanted me to execute a deed " memorandum of Deposit of Title Deed" covering the home loan amount and the education loan amount along with an affidavitin which I affirmed that I am the absolute owner of the property, the document of which is being deposited.
Now the Sub Registrar( the office at which both docs were registered) demands higher stamp duty( in the year 2016) as they treat my affidavit as Morgage. In the affidavit, the home loan amount has been mentioned wrongly( nearly ten times more by a zero addition, a typing mistake).
Please suggest me me a remeady.
Rajendra K Goyal
(Expert) 15 February 2016
The mistake need to be rectified.
For equitable mortgage, there is no need to get the documents registered at registrar office.
If it is treated as registered mortgage, applicable stamp fee has to be paid.
Adv. Yogen Kakade
(Expert) 15 February 2016
If the amount is mentioned wrongly by typographical mistake then get the original document corrected first and then follow the procedure again with corrected document.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
v padmanabhan
(Querist) 15 February 2016
Thank you very much for your reply. But here The lender bank did not treat that as Mortgage but the Sub Registrar. How this could happen?
v padmanabhan
(Querist) 17 February 2016
Thank you M/s Jurycon Incorporation. Am I to apply for correction? if so to whom? is it to the bank or the sub registrar? or may I register the corrected affidavit or the required corrections only? please advice.
