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hameed (dfafd)     09 December 2010

Rectification Deed or Self Affidavit enough

Hello,

I am planning to purchase an 1971 DTCP approved plot on re-sale.

There is a mistake found in present sale deed. In the present sale deed, the registered document number of previous sale deed (mother deed) is mentioned wrongly. Otherwise, when I obtained the previous sale deed (as per zerox copy provided by seller) & present sale deed -certified copy from registrar office & EC,patta and every thing is in order.

Now one of my legal advisor suggested the best possible way is get the rectification deed done. However there is practical difficulty as the previous owner is not in place as mentioned in document. So, other legal advisor suggested, a self affidavit signed by notary is sufficient in such a case.

Pls. let me know your suggestion How do I proceed? what is advisable ? whether it is must to do rectification deed? Incase of just having self-affidavit, what kind of impact/problems could be created in future by others to me if I choose to buy this plot. Does this affidavit needs to be registered ?



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 December 2010

i do agree with advocate's suggestion

hameed (dfafd)     09 December 2010

thanks a lot.

 

But could you pls. specify whether this affidavit needs to be registered or notary is sufficient?

what is better?

also whether this approach will it be as good as doing rectification when it comes to getting loan from bank and/or any legal dispute later.

Y ARAVIND (ADVOCATE)     09 December 2010

when mistake is crept in registered document, it is advisable to get it rectified through another registered document  

hameed (dfafd)     09 December 2010

Thank you sir.  But I am not clear.

Could you pls. clarify as to whether do you mean "Rectification deed" is required to be registered or "self affidavit" is sufficient" to register?

 

Also, my doubt about, what kind of problems could arise in future if I just go for "self affidavit" -registered instead of rectification deed?

 

your reply much appreciated.  thanks in advance.

natarasan (DISTRICT REGISTRAR)     10 December 2010

  Being a District Registrar of Tamilnadu Govt. i suggest to rectify thr error by another doct ie Rectification deed'       reason is affidivit will not  found place in the E.C.sissued by the regn dept.                                                                                        natarajan

hameed (dfafd)     10 December 2010

Thank you Sir. But since the first owner is around 80 years and not to be found in the address provided in his document, how can I go ahead with recitifcation deed, for which I think both the parties need to present

Uma parameswaran (lawyer)     14 December 2010

Present seller is enough.

Uma (N/A)     11 April 2012

I have a property where-in there is a small mistake in sale deed, we could not find our seller. We wanted to execute rectification deed. How do execute a rectifiction deed without our seller. Could you please explain.

 

Thanks,

Uma

Venkatesh   04 March 2016

Dear Sir,

We are planning to purchase an UDS Plot.  Survey no. has been mentioned incorrectly in previous sale deed.  To correct in the current sale deed that we are going to register, is the affidavit enough.

Through affidavit will the correct EC no. get reflected in EC.

Also for UDS can we get Patta. IS it possible or not.

Kindly clarify the same.

Venkatesh   04 March 2016

Repeating the query as I have mistaken to ask will correct survey no reflect in EC. Dear Sir, We are planning to purchase an UDS Plot. Survey no. has been mentioned incorrectly in previous sale deed. To correct in the current sale deed that we are going to register, is the affidavit enough. Through affidavit will the correct survey no. get reflected in EC. Our UDS plot comes within a community called cybernet enclave. Also for UDS can we get Patta. IS it possible or not. Kindly clarify the same.

Adv Akhtar Ali Sheikh (Property Law Consultant)     06 March 2016

Since the essential details like the parties to the agreement, number of the property, area, its identification etc are not affected and since it only refers to the registration number only --- AND THERE IS ALREADY A GENUINE NUMBER TO LINK THE DEEDS --- the same may be ignored and in subsequent deeds you could mention the mistake by narrating this fact to avoid further repitition of this mistake.

 


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