Rajesh Babu Sammetha (Solution consultant) 01 January 2012

Seller's surname wrong on sale deed

Hi Esteemed members,

I am purchasing an individual house and have already made the agreement of sale and applied for a home loan. However due to a mismatch of seller's surname between the sale deed and his identity proofs ("Tanneeru" Vs "Tammisetty"), the bank has put the loan issue on hold and asked for a rectification deed.

However, the seller is not in a position to make a rectification deed as the where abouts of the seller's seller are not known. Can we make the rectification deed without the presence of seller's seller?

If not, could you please advise if there can be any alternatives something like making an afidivit by seller stating that the surname has been misspelled in the sale deed?

Quick reply would be highly appreciated!!

Regards,

Rajesh Babu Sammetha.

Reply Follow

2 Replies

niranjan (civil practice) 01 January 2012

Your Seller cannot do rectification deed in absence of his seller.But photo must have been affixed on his sale deed and if the seller is the same person,get affidavit filed by him that he is the same person as mentioned in the sale deed.Make sure that your seller is not impersonating and selling you other's land.

Tripti Nagwekar (Owner) 02 January 2012

I agree with Mr. Niranjan and further state that you approach another bank for loan and if at all none of bank is giving you the loan on the point of mismatch in surname you please cancel the deal. Ultimately the last seller has to do all the things in order to prove his identity.