Aarush 16 July 2018

Can the correction in "agrement of sale cum gpa" during sale

I am planning to buy a plot in a G P layout.

Party A has got a registered "Agreement of Sale cum GPA with possession" from Party Y.

All the details are clearly stated in the registered document like Details of both parties(Vendor and Vendee) with age, address, witnesses, schedule of property, plot layout details, but has made a typo mistake of year while mentioning the relevant link document in this registered document.

It is clearly evident that the document link is missing in the EC when searched for this registered "Agreement of sale cum GPA", whereas the physical copies prevail.

Query 1: Do Party A has to get a rectification deed/correction of the typo error from Party Y OR can this be done at the time of actual registration to the prospective purchaser/nominee - In this case, its me.

Query 2: Does Party A has rights to sell the property citing the reference to this "Agreement cum GPA" via a Sale deed to me.

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1 Replies

R.Ramachandran (Advocate) 17 July 2018

Agreement of Sale is only a Executory contract and not an Executed Contract like "Registered Sale Deed". Therefore, it will not appear in the EC.

Further, just because there is Agreement of Sale does not mean that it was converted into a "Registered Sale Deed". There are many reasons why this happen, like the Seller would have gone back on his agreement; the Buyer might have backed out etc. etc. or the case is still pending in case because of dispute between the Seller and buyer and so on.

Therefore, Only Registered Sale Deed / Registered Mortgage Deed, Registered Gift Deed etc., only will appear in the E.C. and not other things.

You will be advised to get in touch with a local lawyer who is well versed in property matters and consult him, even if it involves paying some fees. That is worth especially when you will be investing your hard earned money.