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Stephen Marks   06 October 2021

Correction sale deed - legal notice from buyer

Respected Experts,

Mohan a friend of mine sole a land 5 years before. There is typing mistake in sale deed which buyer has identified now. Land measurement 20 cents was mistyped as 12 cents. So they reuqested to appear for Recitification. For which my friend staying outstation, asked buyer to pay for his stay food and transport for that one day. Which ended up in arguement. Now buyer refused and has sent legal notice that we demand 5 lacs for rectification and cheated him.

My query is: My friend says if they approach court and we do not appear for three consecutive hearings the court issue judgement in favour of buyer. So there is no need of response to be given for their legal notice. Is this correct?


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2021

In my view, why for unnecessary issues argue.  It is a mistake done previously whatever the reason.  In your friend's request/demand for asking for food and stay is not correct when the buyer did not agree.  It is only mutual understanding and the buyer did not agree.  It is your friend's responsibility to do rectification for which some stamp duty etc shall be paid by the buyer.

1 Like

G.L.N. Prasad (Retired employee.)     07 October 2021

Please do not get the issue complicated, when there are simple alternate solutions.  Let the seller give POA exclusively for making such rectification and any local advocate can complete the exercise.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 October 2021

Rectification is a must to avoid future complications. Any error detected after registration of the concerned sale deed, can be rectified by the execution of a supplementary document called “Rectification Deed”. This is also known as a Confirmation Deed or Correction Deed.

Shashi Dhara   07 October 2021

If Ur friend doesn't appears he has to approach civil court against him for rectification of instrument for specific performance .in court if he he doesn't represent ex parte judjement will be passed .buyer needs rectification not seller ,seller has got money and left so buyer c,laiming costs is dream only.ur friend has correctly realised ,even if he get exparte Decree ,if it is adverse to Ur friend he can file exparty setaside and contest it.

1 Like

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