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Rajesh (AM)     14 November 2011

Father name in the sale deed

Sir/Madam,

 

I have bought a flat in my name. My Father nam is B. Suresh Kumar..But in the sale Deed only Mr. B Suresh is updated in the printed page and Suresh is updated in the page where photo of buyer and seller are affixed(behind first page)...Is this an issue? Does any buyer check for the completeness of my father name in the sale deed? If yes, what is the remedy?

Should it be rectification deed? If yes, whether the power agent (builder) should facilitate or the original land owner? Who has to be present in the registrar office along with me to complete this...

 

Regards,

Rajesh



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 6 Replies

sridhar pasumarthy (ADVOCATE)     14 November 2011

Dear Rajesh,

It is a  mistake which can be altered by executing a rectification deed by your vendor/executant of the sale deed.   Your vendor has to appear before the Sub-Registrar along with u.

Shailesh Kr. Shah (Advocate)     15 November 2011

yes, correction to be executed.

Rajesh (AM)     15 November 2011

Dear Mr.Sridhar and Mr. Shailesh,

Thank you very much. My constraint is its on a bank loan. Unless I repay, I cannot get the document from bank.

By the time, I close my bank dues, I am not sure whether the vendor will be alive as already he is 60+.

1. In that case, if the vendor is not alive or I am not able to get in touch with the legal heirs of the vendor at that point in time, will I not have any remedy?

2. What if I change my father name?

3. Does the SRO check the correctness of the father name? If yes, where do the check? in my PAN? In my PAn his name reflect as Suresh only...If its licence his name reflect as B.Suresh.
 Does the SRO ask for ID proof of dad to verify the seller's father name if I want sell the property?

 

Regards

Rajesh

 

sridhar pasumarthy (ADVOCATE)     15 November 2011

Dear Rajesh,

You need not get the original sale deed for execution of a rectification deed. No amendments will be carried out in the original.

A recitification deed is a seperate deed, which on its registration, will become a supplement to the original sale deed.

Rajesh (AM)     15 November 2011

Dear Mr.Sridhar,

Thank you very much.  I will ask the builder to facilitate the rectification deed..By the way, how much will be the charge for rectification deed in chennai..

 

Also, if the builder does not agree to come forward and help me saying some reason like no time or something else, can we do something about it..

 

Regards

Rajesh

sridhar pasumarthy (ADVOCATE)     15 November 2011

Dear Rajesh,

If the vendor doesn't come forward, you will be left with no other option except to file a suit in that regard.

Stampduty and registration charges vary from state to state.  They are nominal.  consult the S.R.O.


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