Ankush 20 August 2021

Typography error in agreement to sell and cd

I am in process of buying a property and there is some typography error. The current owner bought it from allotee in 2003. The allotee is not available to meet or engage in any peocess. Hence, the typography error is in the last name as "Chakravorty" instead of "Chakraborty". Similar has been carried forward in the Conveyance Deed.DDA said they cannot change it via rectification deed since it's same as in Agreement to sell. So will affidavit and Indemnity bond be sufficient for the purpose or any other way is suggested?

Will there be any issue in future in selling?

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Quick Summary

This discussion addresses a typography error in a property's Agreement to Sell and Conveyance Deed, where 'Chakravorty' was used instead of 'Chakraborty'. The DDA stated they cannot rectify it as it matches the Agreement to Sell. The user is seeking advice on whether an affidavit and indemnity bond would be sufficient or if there are other solutions. Concerns about future saleability due to the error are also raised, with the consensus being that minor spelling variations in proper nouns are generally not material defects, especially when possession and DDA records reflect the current owner's name.

3 Replies

G.L.N. Prasad (Retired employee.) 20 August 2021

The pronunciation of "b' and 'v" is similar and it is written differently in different states as 'V' and "B' are pronounced similarly in the state of West Bengal. Spellings in proper nouns are not material defects. According to my knowledge, absolutely there is no problem with selling the property in the future as the present purchaser name is important as a seller in the future and link document of such previous sale is not material for objection, when possession, enjoyment, and DDA records disclose the present purchaser name only (and not Mr.Chakrabarti name, the first seller)

Ankush 20 August 2021

Thank you for the clarification sir. Also, in the stamp paper issued by the agent who got this work done name mentioned is "Kapati Chakravarty" and likewise on the Sub registrar page where fingerprints and photos are taken. So this is also a difference.

Will you suggest going ahead with the new sale deed on the owner actual name as per the records and take an affidavit as supported document? I hope this is my last query. Sorry for bothering you.