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raj123 (business)     22 June 2009

Rectification Deed - Need Suggestion

Dear Sir, 

I have planned to purchase a TNHB plot in Chennai and gave the advance of Rs. 3 Lakhs. On verifying the parent documents with the current docuemts, I found that the name is printed wrongly.

 I’m explaining the scenario as below

 a)      Original Allotee of the Land –Mrs Uma w/o Mr Sivaraj (sold the land to Mrs. Kumari). (Name is correct in the parent document)

b)      Mrs Kumari hold the Power of Attorney. (Sold the land to Mrs. Vimala). (Name is incorrect in the Attorney document as Mr. Selvaraj instead of Sivaraj)

c)       From Mrs.Vimala – I am purchasing the land. (Regitered document of Vimala also has wrong name in it as Mr. Selvaraj instead of Sivaraj)

 Mr. Sivaraj is only the spouse name of the original allotee Mrs Uma.

 Should I execute the Recification deed ?

If so, then with whom should I execute the deed either with Mrs. Vimala or Mrs Kumari or with original allotee ? 

 

Please advise me. It is urgent.



Learning

 5 Replies

Prakash Yedhula (Lawyer)     22 June 2009



Whose POA is Kumari? 

raj123 (business)     22 June 2009

Dear Sir,

a) Mrs. Uma w/o Mr. Sivaraj --- > original allotee of the plot

b) Mrs Kumari --- > hold the POA from Mrs Uma. (only POA not registered)

c) then Mrs Kumari sold to Mrs Vimala -->registered in the name of Mrs Vimala

 

Prakash Yedhula (Lawyer)     22 June 2009

Only Mrs. Uma can recify the error in case a recification deed is to be executed. However, you can include an indemnity clause in the sale deed from Mrs. Vimala specifying the error and to make good the loss in case of any future dispute raised by Mrs.Uma. 

raj123 (business)     22 June 2009

Dear Sir,

Please suggest. Whether we can buy this land with indemnity clause from Mrs Vimala or not?

Is there any problem that will arise in future ?

Thanks in Advance

Prakash Yedhula (Lawyer)     22 June 2009

Regarding purchase of the property, unless the documents are seen, I would not be in a position to render proper opinion.  


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