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CA. Murali C (Audit Manager)     05 October 2009

Rectification of sale deed

Hi,

Last month I have purchased a flat in bangalore & registration is completed. But it is recently noticed that there is spelling mistakes in my  last name  in the deed registred. I would like to correct it. Can you please help me with the following issues

1.Is there any timelimit to recitfy the same?

2. What is the procedure to rectify the mistakes.

3. Since I taken homeloan whether I have to take permission from bank before rectifying,

4. Whether I have to pay stampduty again for rectification of sale deed to be registred with the registration dept.; any additonal expenditure for the same.

5. Is I need to take legal help to draft the rectification of sale deed.

Kindly advice me pelase



Learning

 18 Replies

R.R. KRISHNAA (Legal Manager)     05 October 2009

Registering a Rectification Deed is the solution for your problem.

There is no time limit for it.   Stamp duty has to be paid for rectification deed also.  Stamp duty differs from state to state. 

CA. Murali C (Audit Manager)     05 October 2009

Thank you for your advice. please let me know is I need to pay full stamp duty what I paid for registering the original sale  deed ? any advice

m.kupparaju (Advocate)     05 October 2009

Dear Murali,for registration of Rectification Deed stamup duty in Karnataka is Rs.250/- and registration cost is Rs.250/- along with miscellaneous expenses it may be around Rs.1,000/- in all.  Rectification Deed shall be drafted with the legal help only and both the Vendor and the Purchaser should appear for execution and registration of the Rectification Deed.

kranthi kiran (Works In Judicial Department)     05 October 2009

If the rectification relates to name,  most of the times,Sub-Registrars direct to pay the entire stamp duty as if a fresh sale deed. You have to convince them, that  earlier purchaser and you, both are one and same, and no new title is conveyed.

CA. Murali C (Audit Manager)     05 October 2009

Thank u Kupparaju and Kiran. Actually it is a spelling mistake. my last name end with PADAM, but it is registred  as PADATH.  my PAN card/passport is ending with PADAM. Is NOC from bank is required for rectification since I have a homeloan.

mahesh kumar yadav (Advocate)     07 October 2009

Mahesh Kumar yadav

as far as my concerned i used to follow simple procedure, ie first of all we should write a letter addressing Registrar stating that the Name of the party was mentioned in correct due to typographical mistake) please verify it and change in the records and give fresh copy of sale deed, so he will verify it and if he considers it then he will make necessary changes. and it may depict in EC

 

 

Swamy (Accountant)     14 November 2009

Dear Sir,

we have property in peenya industrial area. it is B-Type shed. total area of 5,265 Sq. ft. there was a mistake in the schedule of the property. North side is Ok and other 3 side schedules are wrong. this property registrered from KSSIDC Bangalore to a party. then we have registered in our name. same mistake has been carried in our sale deed also. we discussed with KSSIDC and done a rectification deed with proper schedules from KSSIDC. we try to register for the rectification deed. but the registerer asking full stamp duty.

please suggest about stamp duty & registration fees details.

Thanking you,

Swamy

Sphoorti Machine Tools Pvt. Ltd.,

Bangalore

 

Balakrishna (engineer)     16 November 2009

Hello Sirs,

Even I have a problem with my sale deed.

1.The boundaries of the plot are having spelling omissions (instead of 4th C cross , it is mentioned as C cross)

2. The GPA holder has been mentioned as the VENDOR , though in the body of the dee, the details of his obtaining the GPA from the actual owner are clearly mentioned.

For this case, I wanted to change the "Schedule of the property" as it actually appears in the previous title deed and also correct the point as to the GPA holder and the actual owner.

Could you advise how to go about in this regard?I met the staff at the subregistrar's office.They asked me to provide a copy of the sale deed to advise me further.

Thanks,

Balakriushna

Balakrishna (engineer)     06 February 2010

 In my experience, if the stamp duty was paid correctly for the original document, then for registering the rectification deed, only Rs 500 stamp duty is sufficient.

Krishnan Venkatachalam (Legal professional)     08 February 2010

As a general principle if the mistake is not related to consideration paid,survey No. extent and boundaries of the property, then registered rectification deed needs no payment of stamp duty. When there is typographical error in the Vendor or purchaser's name or any mistake in the body of the sale deed not related to the consideration, survey No., extent and boundaries, then mere registration of the rectification deed containing the wrong entry and the correct entry is suffice with applicable registration fees of respective state.

However you are requested take the help of the local lawyer handling property matters for drafting the appropriate rectification deed so that the rectification deed registered does not require a supplementary rectification deed.

S Reddy (None)     28 October 2010

Hi,

I have purchased a site in 2004 which was alloted by the soceity to the Original owner. I am the third owner of the site. Recently soceity has done some modifications in the Layout plan and 85% of the adjecent site (Towards North) has been converted into road and remaining 15% of remaining land is left vacant.

Due to this, their is a change in the Schedule (i.e As per my sale deed - North by Site X. But due to plan change now it is North by Road).  

I am willing to sell the site now.

My queries:

1. Is it necessary to make Rectification deed in my name (or) can the buyer change it in his/her deed.

2. If rectificaiton deed needs to be done, can I do it in my sale deed (or) should it be done in original owner name.

3. If I go for rectificaiton deed should I pay entire stamp duty due to the schedule change (or) should I pay only applicable rectification charges.

Abhishek Pathak (MARKETING Manager)     12 July 2011

hi Friends !!! I did a big mistake and need solution. I registered a flat in Bangalore. But in the sales deed he flat number is incorrect. Its actually  202 but is mentioned as 203. I am afraid what to do more over the deed is with LIC HFL. My issues are :

1.Can it be rectified?

2. Do i need to inform LIC also on this?

3. What will be the cost for doing this?

Awaiting your reply ...................

yaseen (student)     22 July 2011

sir,

i have purchased a site from a society in 2001. the president sold the site to me on behalf of the society.

in the original document there are two mistakes:

1) one of the four schedules is wrongly written and

2) there is a mistake in reference no, it was wriitten as 415 inspite of 5415. all the survey no's and lp no is correct.

my question is---  now the president of the society has been changed.

wat should i do now i have to file the rectification deed with the new president of the society in 2011 or one who has registered to me in 2001.

what will be  the rectification deed charges in andhra pradesh for my case.

Nirmalkumar Patil (Manager Admin)     24 November 2011

Dear Sir

I have booked one flat in Thane & is under construction after six months came to know the flat which have booked was related to refugee flat then the builder is ready to give me the flat which is A1- which was earlier A2 rest building number floor and number remains same.  But I have registered the earlier flat now .  Please can you advise me how to get rectified the change of my building number.  And what are all procedures involved to get it corrected stmap duty etc. Also the bank gave me the loan .  Now what are all the steps should i take.  Please advise. thanks


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