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Sunil Kapur   08 November 2022

Declaration deed in lieu of rectification deed

I am vetting documents to purchase an apartment (a 2nd Sale to me).

In the Original Sale Deed between the Land Owner and the 1st Buyer (my Vendor), there is a genuine typo in the name of the 1st Buyer.

Except for the typo in the 1st Buyer's name in the first paragraph of the Sale Deed, there is evidence on all other pages of the Sale Deed, to show the correct name of the 1st Buyer (my Vendor).

Ideally, a Registered Rectification Deed co-signed by the Land Owner and 1st Buyer (my Vendor) should be executed.

However, the Land Owner is no more and his heirs are disinterested in executing a Rectification Deed.

My Vendor now proposes that he execute a Declaration Deed (instead of a Rectification Deed), which he will Register with the Sub-Registrar, clearly stating the typo, along with supporting documents.

The concerned Sub-Registrar is also willing to Register the Declaration Deed as it is now impossible for my Vendor to execute a Rectification Deed.

My questions are:

1. Under these circumstances, is a Registered Declaration Deed as good as a Registered Rectification Deed ?

2. Will I face a problem in future, regarding my Parent Documents, when I sell the apartment ?

Thanks in advance, to everyone willing to spend their time in advising me.


Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 November 2022

Once the declaration deed is regisered under sub-registrar, then it can be treated as valid documents under the law. so no problems at all. 


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