Srinivas 02 August 2018

How to rectify typo in flat sale deed without original owner

Hi,

I have purchased a flat in bank action in 2013. Bank executed sale certificate on my name and provided link document of first owner and the builder. Recently I tried to sell the property and we found a typo in the sale deed between builder and first owner which is executed in 2008. Type is instead of 2008 the document execution date is typed as 2007. Here is my queries

1) How imporatant is this mistake is? Is it really a matter?

2) What is the process to correct the mistake. I tried to trace the original owner and builder but both are not tracable. I also approched bank and they said we can rectify the document that we executed but cannot help in this case. Is it not bank liable for not checking the documents before providing the loan.

3) What are the options available to correct this problem.

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12 Replies

R.Ramachandran (Advocate) 02 August 2018

Please indicate the full particulars.

What is the date, month and year mentioned as the date of execution?

What is the exact date, month and year on which the Document /Sale deed was registered with the Sub-Registrar's office?

Srinivas 02 August 2018

Hi, Thanks for your message. Actual date of execution is 11 feb 2008. Date mentioned on the document is 11 feb 2007.

Srinivas 02 August 2018

Hi, Thanks for your message. Actual date of execution is 11 feb 2008. Date mentioned on the document is 11 feb 2007.

R.Ramachandran (Advocate) 02 August 2018

That is not a big issue. Everybody will understand and appreciate. You need not highlight. You need not also bother too much about it.

Srinivas 02 August 2018

Thanks. But bank raised concern for approving home loan. They are asking to rectify it before process loan application.

R.Ramachandran (Advocate) 02 August 2018

Ask the buyer to try with some other bank for loan.

Srinivas 02 August 2018

Buyer don�t want to purchase with the mistake as he may face similar issue in the future. Is there any provision in the system to solve my problem?

Kumar Doab (FIN) 02 August 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC, SC……

The chances of error thru such counsel are negligible..

Kumar Doab (FIN) 02 August 2018

The typo error may happen due to oversight, improper comparison with original title deeds etc and rectification with mutual consent with seller is possible..

GO thru;

THE SPECIFIC RELIEF ACT, 1963;26

CHAPTER III

RECTIFICATION OF INSTRUMENTS

26. When instrument may be rectified