Seller have 2 name Chinnaiha and Namindla Komuriah
in sale deed seller name is written as Namindla Chinna Komuriah
Query: is Namindla Chinna Komuriah is accepted or seller can say that the name is not his?
kavksatyanarayana (subregistrar/supdt.(retired)) 17 March 2023
The seller has 2 names it should be " chinnaiah alias Namindla Komaraiah. So it requires a rectification deed with proof of the seller's name. Otherwise, it will lead to legal complications. If you have a dispute with the seller, file a declaration suit.
Niharika Lohan 04 June 2023
Hi Pawan, I'm Adv Niharika and here is my take on your query.
Firstly, I second the suggestion of the learned expert.
Both the remedies are available under the Specific Relief Act,1963.
s.26 of SRA deals with Rectification of instrument. This section is based on the legal maxim, "equity looks to the intend, rather than the form." This provision provides an equitable remedy. The Specific Relief Act gives discretionary power to the court to do justice on the basis of Equity and good conscience. The act provided for seven reliefs, one of which is Rectification, under sec 26. I hope you are clear with what rectification means, which is when the true intention of the parties is not reflected in the instrument, then in order to give true effect to the meaning and intention of the instrument, Courts provide an opportunity to the parties to make amends / rectify the instrument. There is a time bound limitation to avail this remedy, which is provided under sec 59 of Limitation Act, 1963 and that is a period of 3 years.
The second remedy is getting a declaration under sec.34 of the said act. Wherein the object of the declamatory decree is to avoid future disputes by eliminating the existing or apprehended controversies. So to be on a safer side, you can file an application under sec.34 and get a declaratory decree to keep future troubles at bay.
I hope the above information helps.
Furthermore, I'm attaching two articles on the same for your convenient reading.
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