Kuldeep 01 January 2020

Is rectification/correction by whitener in registered property stamp papers acceptable?

I recently bought a 75sq. yard (68.70sq.meter) plot in Noida, uttar Pradesh. We have registered the plot in registry office. But after the completion of all the registration process (scanning, signature of all officers etc.) we noticed that the area of that property is written 70sq.yards instead of 75 sq.yard however the area in meters (68.70sq.m) is correctly written. We reached the lawyer he scratched that 70 and wrote 75 with a pen. He is saying that this is not a big issue because government use meter as unit of measurement not in yards, since our meters area is correctly written we should not be worried. My questions are 1. Is rectification by hands in a registered property stamp papers are acceptable? 2. If not what should we do?

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 01 January 2020

1.No. 2. You have to get registration of Rectification deed by paying necessary stamp duty and registration fee (stamp duty and registration fee vary from one State to another State).

Dr J C Vashista (Advocate) 02 January 2020

Any such alteration make the document invalid.

It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and proceeding.

G.L.N. Prasad (Retired employee.) 02 January 2020

Was it countersigned by both the parties for alteration/modification and that modification was reflecting in books of Sub Registrar?.

Kuldeep 02 January 2020

G.L.N. Prasad no it is not signed by any party the seller isn't aware about the alternation. Alteration is not reflecting sub registrar office because it was done after the process. Additional info: we paid the stamp duty for 75sq yards property i.e. on the front page area 75sq yard is correctly written

G.L.N. Prasad (Retired employee.) 02 January 2020

What I personally feel is that it is a clerical error and you can submit a simple petition alleging in negligence as deficiency of service and pray for correction without any fees. This is not a sure shot. This may cause ripples and they may find solution if there is error in the verification of document, which is the work of Registrar and when he has collected for 75yards and as the modification is not making any material fact in meters. Make a try. Please do not blame me that this is wrong guidance, my only request is if all doors are closed, explore all avenues legally left without spending a fortune. In our active members, there are Registrars also, and they may throw more light on the issue.

T. Kalaiselvan, Advocate (Advocate) 16 January 2020

The corrections made by hand after the document is registered is not valid or recognised as enforceable in law.

Any rectification to the registered document should be made by executing a registered rectification deed as per procedures of registration laws by paying the due stamp duty and registration charges.