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Rajeev (Company Secretary)     08 October 2010

Correction in Registered Sale Deed

Greetings Members,

 

One of my freind has purchased a Commercial property in South Delhi and executed a Sale Deed in his favour from seller. After Registeration of Sale Deed, he noticed that the Schedule A is inadvertently not attached to the same, which is nothing but a sanctioned map of the property.

 

Now, he wants to add the same with the existing registered sale deed with in a shorter time period and less cost.

 

You all are requested to reply this query and suggest the all possible ways including detailed procedure which is easy in approach and do not involve much cost.

 

Waiting for your quick reply please.

 

Thanks & Best Regards

 

Rajeev Sharma



 17 Replies

Guna Shekaran R (LAWYER)     08 October 2010

With the consent of the seller, within 3 years your frined can make correction and register the corrected sale deed.

Rajeev (Company Secretary)     08 October 2010

Dear Mr. Guna,

 

Thanks for giving reply.

 

But, just tell me one thing that at the time of registering corrected sale deed, do he need to spend heavily on the stamp duty again, which he has spent now at the time of registering original sale deed or it will be waived off or charged at concessional rate? What will be the procedure?

 

Thanks & Best Regards

 

Rajeev

adv. rajeev ( rajoo ) (practicing advocate)     08 October 2010

I think he need not to pay stamp duty because it is only correction.

1 Like

Mugundhan (Lawyer)     08 October 2010

Dear Guna shekaran Sir, I dont think that there is any limitation for executing a rectification or correction deed. At any point of time if a mistake is found out, rectification deed can be executed if the executant and claimant or there. Even if any of the parties are dead, their legal heirs can execute the rectification deed. Correct me if I am wrong.

2 Like

Shiva Kant Dixit (Advicate)     08 October 2010

Dear All,

I agree with Mugundhan, there is no limitation to rectify the deed. On Rs. 100/- Stamp rectification deed shall be registered. Plz make it correct the said deed is rectification not correction deed.

Thank U, All. 

1 Like

Bhartiya No. 1 (Nationalist)     09 October 2010

sir,

I too have heard that there is not time limit for correction, once it get noticed then we must get it corrected. Also there is no stamp duty reqd. only a fixed charge for registering the correction deed is reqd.

 

What if seller and their lrs refuses to execute the correction deed? Then Is declaration is the only remedy available?


(Guest)

                                                                                        Rectification  deed.

 

Dear Rajeev,

While executing property documents, there are chances that some mistakes may occur. This can happen in the process of execution of the documents. It is always advisable to get these mistakes rectified at the earliest, otherwise they may create major problems at a later stage. The errors may relate to the name of the parties, their address, area of the property, dimension, location, survey number of the property, or the consideration amount.

 There can be typing errors or errors because of improper comparison with the property documents like the transfer deed, sale deed, title deeds and revenue records. These errors can be rectified by the execution of a supplementary document called correction deed or rectification deed.

 

The parties need to get the corrections into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.

 For mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each.

 In case the rectification deed relates to the area, names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable. In case some of the parties to the agreement do not agree to such an amendment or rectification, the other party may file a suit before a court under Section 26 of the Specific Relief Act 1963.

2 Like

yusufkhan (legal service)     07 July 2011

dear all subscriber,

mr. kushan vyas is correct if the correction about the areas, parties then pay the stamp duty and registration fees at any time t\no limitation reuired. today i am executed the same type correction sale deed in surat after 7 year of the registration of original sale deed.

vishvanath (Others)     18 January 2012

One question regarding Correction in Registered Sale Deed:  In case the rectification deed relates to the mistakes in names of the parties,the stamp duty and registration charges as applicable to the conveyance deed are payable.

so much would be that .. in my case i have already paid the stamp duty and registartion charges at the time of registartion. so now when registering for the rectification deed ..would i have to pay the same amount again for stamp duty ?

shaz (Engineer)     14 February 2012

Hi Esteemed memebers !

I've a similar problem but of more serious nature.
Me and my brother purchased 2 plots, #50(mine) and #60(brother's). We got the properties registered just two days back. When we received the original docs there was a mistake in my papers. In both of our Absolute Sales Deed the plot # 60 was mentioned; but the Schedule doc was correct, it had #50 for me and #60 for my brother.

I immediately brought this to the Vendor's notice and after 2 days he says he got it corrected even without my presence !! is it possible to have such corrections made without the Buyer being present ??
 

Also, he said something about a "certified copy" being made. Can you please tel me what documents should be corrected to make proper change and what documents should i expecte along with the original docs?

He will give the documents in a couple of days.

Thanks!

Ashok Bhandari (M.D)     27 February 2012

Hi

I am Ashok

I have registered a sale deed in 2010 and now we have found that in the doc the writter has wrongly mention the previous regd no. and land approval no.in one, number and in other the year. apart from that the patta has new survey nos eg: orginal survey no 50 in patta its now 50/2A & 51/4B which is correct as per land records.

To correct this can I make self Declaration and reg the same since the sellers are from other satates and they are not prepared to come for this small thing.

Please advice

Ashok

MANNE SN (Chief Consultant)     10 June 2012

Thanks for Providing an Oppertunity in Sharing My KNowledge.There is no Necessity for Par Paying Stamp Duty again.The resons there for are that there is no change in Staus/Descripttion of the Paroperty/Nature of the Property etc. one need not Pay the Stamp Duty.But however the Registration Fees has to be paid for getting Registering the Schedule "A".Further there is no Limitatation for  for getting the Corrections to be made.So long as the Property is one and the same wthout affecting any additions/ Changes in the volume/Value of the Property.

Mahesh Vyas (central govt. standing counsel)     18 November 2012

Stamp and Registration Act Says that if there is any clerical mistake than is is only 100 Rs. Stamp Dudy on which a deponant can correct the sale deed of the same. 

The Deponant shall have to sign it again and the procedure will be same but only the stamp duty shall be only of Rs. 100/-

M karnan (PROFESSR)     15 March 2014

dear sir

in schdule of the property

south and north boundaries are interchanged

ie. actually

east  plot no 26

west 20 feet road

north 20 feet road

south plot no 30

but in our sale deed

 

east plot no 30

west 20 feet road

north 20 feet road

south plot no 26

kindly help me 

what can i do 

stamp duty and othes


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