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lavanyaanash   03 June 2015

How to rectify or correct a 20 year old sales deed

My father is planning to sell his flat which is 20years old. We noticed that there is an error on the sales deed. The flat is on the second floor but it says ground floor by mistake. All other details are correct. The builder (private person) has expired and his legal heirs have moved to other countries and lost contact for more than a decade.

What is to be done in such a situation? Do we have to make the correction ourselves now? What would be the costs for this? Or can we go ahead and register the correct/rectified details for the new owner when he buys it?

We bought the flat for 5 lakhs..but now its value is atleast 1crore.




 7 Replies

bsrao   03 June 2015

Any such rectification needs all executants to be present in registration office for taking care of the corrections. Please approach your concerned regn off for this.

Chandrasen Upadhyay (Legal )     04 June 2015

Please provide sufficient information like:

- Is the flat come under any registered housing society and if yes then

- Whether conveyance has been done in the name of society?

- If society, then in whose name shares are issued?

- In whose name the invoices for electricity , property tax, maintenance charges etc. are raised?

- What does the record of society says about your flat, floor, flat no. etc.?

Based on above info, a solution may be suggested.

Advocate Ravinder (Advocate/Attorney)     05 June 2015

There are two options:


First Option: Send a legal notice to all the heirs of late Builder.  If they do not respond, file a civil suit for correction of floor in the registered sale deed.  The court will again serve summons to the legal heirs.  Inspite of that they do not respond, the court itself will correct the mistake.


Second Option: Give an Notarised Affidavit of your father to the proposed purchaser stating that there is a mistake in the sale deed regarding floor.  Infact the flat is on the second floor and not on ground floor.  Atleast now mention the correst floor in the proposed sale deed to be made by your father. 


The second option will be easy.

lavanyaanash   05 June 2015

Thanks everyone for the advice. I just went through the document in detail. Its the Sale deed document and the error is only one page, whilst the correct floor (second floor) is mentioned in two different pages. Also That particular block's ground floor is a car park (stilt floor), so im assuming its clear its a typing error?  The floor is correct in other papers (i think the registration papers) also all bills (electricity, property tax etc) state the correct floor. So is still a long procedure? I dont think the flat is registered in any society. Its small building 18 flats. We have formed association thats all.

Mr Ravinder P's second option seems the only feasible thing as the builder (deaceased) and his legal heirs no one has track of. 

Prabhu   16 June 2015

I purchased a plot from a direct owner. The DTCP layout was laid out in 1990. The document and EC was very clean and we verified the documents with reputed advocate. The previous owner also had patta in his name. Since everything looks fine, I purchased the plot in Nov 14.


After 5 months from purchase, I submitted the Patta Transfer Form to VAO office to transfer the patta to my name. The clerk in VAO office verified the patta and survey number against his record and gave me a shock. He is saying that plot doesn’t come under the survey number as mentioned in Original Parent document & all subsequent documents and in Original DTCP layout. He is not sure how the previous owner got patta. He saying that the survey number is different in his record book and survey number mentioned in DTCP layout is wrong.


We requested surveyor to measure the layout as per revenue dept. records. Surveyor had measured and confirmed that our plot survey number is indeed wrong. He has recommended going for rectification deed with inclusion of some more survey numbers.


For your information, plot no. is properly mentioned, boundaries and area are correct. As per the plot no., extent of area and the boundaries mentioned in the deed and as well by possession, the correct survey no. is 182/4, which was confirmed by the revenue dept. (surveyor), whereas, it has been wrongly mentioned as 181/3 in the sale deed by the lay-out promoter in his first transaction itself, which is simply carried forwarded by all other successors also, which need to be rectified now, whereas the lay out promoters had bought both the lands of above survey nos., which are adjacent to each other and then divided into housing plots of small areas.


The mistake was committed by the layout promoter in 1990, when he sold the particular plot to his purchaser; the plot is actually situated in 182/4, whereas it was mistakenly registered as 181/3, which is the of the adjacent plot of the same vendor and also a part of the same layout, but, not of the particular plot. The next transaction took place in Jan 2013, which first purchaser has sold the property to another party (Second). The second party has patta in his name for the plot. Now, the third party i.e., I bought the property in Nov 2014. The plot number, area and boundaries are correct in all the documents, except carrying forward the same mistake of mentioning the wrong as 181/3.


Unfortunately, the layout promoter & first purchaser are not traceable now. The layout promoter could have been expired or is around 80~90 years by now and not found in the address provided in his document in 1991. We could not find the promoter or his legal heirs now. The first owner has expired and his legal heirs have moved elsewhere and lost contact. In such a case, how can I go ahead with recitifcation deed, for which I think both the parties need to present? 


I have contact with second purchaser (i.e. person who sold me) and he is willing to sign the rectification deed. But, I heard that all parties need to sign the rectification deed. As in my case, the layout promoter & first purchaser are not traceable, could you please advise me how should I rectify the deed?


Awaiting for your prompt response by return and thanking you in advance for your valuable time and advise.

T. Kalaiselvan, Advocate (Advocate)     20 June 2015

@Prabhu: While posting your query you should use a new thread and not to post your queries in others thread.  To yor query the solution will  be to follow the first step suggested by learned advocate Mr Ravinder above.

T. Kalaiselvan, Advocate (Advocate)     20 June 2015

@Lavanayaanash: The decision to choose the second option  appears to be a better idea,  but the notarised affidavit cannot be held as valid document for such purposes, though it is a typo error, you may get it rectified through registered rectification deed by executing a affidavit stating the typo error for safety in future.

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