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Gurpreet (MANAGER)     20 April 2012

Rectification of sale of agreement

I have purchased a shop in Gujarat, and for the same sale of agreement was made for 26,00,000( twenty six lacs) aginst which I have already paid 5,00,000 (five lacs) as token money (mentioned in the sale of agreement).

However the seller provided me with the information that he would have to pay  tax on 26,00,000 and at the same time I have to pay stamp duty on 26,00,000.

My question is how can we change the amount in the sale of agreement and finally same in the sale deed.


 13 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     20 April 2012

By way of a registered Rectification Deed.

Gorimaa..B (Law Student)     21 April 2012

Registered Deed Of Rectification

K.K.Ganguly (Advocate)     21 April 2012

Make a Deed of Rectification and register the same duly mentioning therein that the said Deed of Rectification is to be treated as part of the original Deed.

However, I do not think that you will be benefitted at all since the Registrar will charge Stamp Duty as per the prevailing rate recorded with him.

JANAK RAJ VATSA (ADVOCATE)     21 April 2012

please make a registered rectification deed which will form part of the original deed

Gurpreet (MANAGER)     21 April 2012

What do i need to write in the rectification deed. And secondly  we have put  higher rate than the  (jantri- Muncipal corporation rate) in the agreement of sale. 

I am looking out for solution from both seller (for saving gain tax)  and buyer (saving stamp revenue) benfit.

K.K.Ganguly (Advocate)     22 April 2012

You shall have to write in the rectification deed that in the Original Deed you have  shown Rs.26 Lakhs as having paid/received towards consideraion for the scheduled property which is actually Rs.20 Lakhs (say) & the balance Rs.6 Lakhs was paid towards loan which will be returned by the Vendor within 3 months. (Or which has been returned by the Vendor). .............or anything in this line.

Next time consult a Lawyer before entering in to such types of deals. It will save you from future problems.

PARAG HARIVADAN SATYAPANTHI (Advocate)     25 April 2012

Respected Mdam/Sir,

First of all you should get the value of the property assessed as per the "Jantri" (valuation register) available in the Sub-Registrar's Office. There after a deed of rectification on Stamp of Rs. 100/- narrating that   "the value i.e. the amount of consideration which was agreed and mentioned in the Agreement to Sell dated ............. Registered at No. ............... is now not agreeable to the buyer and the seller both. And hence after amicable settelment between both the parties now both the parties mutually agree for the sell of the said property at the amount .......... and hence this deed of rectification is being executed by and between the parties to read and consider the original deed as rectified for the amount of consideration to be read as Rs. ........................ (New amount) instead of the amount of Rs. ............. (written in the agrrement) as and where narrated in the Agreement. And the Agreement to Sell dated ............. Registered at No. considered as rectified accordin to it."  Get signed by the parties and witnessed by two persons and get registered. The same should be attached with sale deed.

Ajay (BDM)     24 January 2013

Dear Sir, My Query is : One of my friend has purchased a flat in bhayander,

1. Stamp duty registration over

2. Now builder wanted that my friend should occupy another flat which is besides the actual alloted flat. This is because the actual alloted flat no. as per the registred agrmt is 202 but according to builder as per his new correct plan,same flat no. is 203 and flat beside the actual alloted flat is 202 so he shld accoupy flat besides the alloted flat.

3. My friend oppose such changes and finally builder agreed to give the same actual alloted flat, however according to builder there is a need to make rectification deed making changes in flat no from 202 to 203 in the agrmt.

4. But the layout attached with agreement mentions that the actuall alloted flat is 202 and it has be circled and marked with signature on the copy. and even the possitioning of the flat also as per Development plan.

5. On visiting registrar office, registrar did not agreed for such changes because as per him its not wrong as because the whole agrmt mentions flat no. 202 therefore its not incorrect so cannot create rectification deed.

6. The builder has assured my friend that it will happen and he shld not worry.

Please advise what exactly is builder upto and what should done to move out smoothly from this mess.

You kind advise is highly appreciated.

Thanks regards


K.K.Ganguly (Advocate)     24 January 2013

I find no reason for making any Deed of Rectification. If you do it then your friend shall have to own Flat No.203 & not 202.


Ajay (BDM)     24 January 2013

Respected Sir,

Thanks a lot for your kind reply.

According to the builder, he has made mistake in numbering the flat and according to his new revised numbering on the floor layout, the flat no.202 is actually flat no. 203. so therefore he wants to rectify. Which i and my friend fail to understand how is he gonna do this.

Before builder proposed rectification he wanted my friend to occupy flat besides the actual alloted flat since as per the revised numbering, that flat is numbered 202. which my friend opposed it. So therefore he has recommended rectification.

Awaiting your kind advice. Thanks

Best regards



Ajay (BDM)     24 January 2013

Dear Sir,

WE are eager to get reply on above query your kind help will be highly appreciated thanks. 

Thanks to all to start such a website where layman like us can resolve their legal quires.


Thanks and best regards


K.K.Ganguly (Advocate)     25 January 2013

1. If he has made a mistake in numbering the Flats then you have purchased your Flat based on his mistaken presentation,

2. After your buying the said Flat, he can not say that the numbersd were mistaken & correct the same now against your wish,

3. Check the Draft Agreement & see what is written there.

4. I still do not find reason for any such change.

Amrin   06 April 2018

I have made an agreement to sale with seller in the year 2006 for INR 1500000. I did not register that agreement with authorities. I am now going to execute the sale deed with the same amount in current date. Please advice on which amount I should discharged Stamp Duty (Jantri value on the date of agreement to sale of jantri value on the sale agreement date) ?

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