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divya (na)     03 October 2009

wrong name in witness in gift deed

I have just registered a gift deed . now i have noticed that wrong name has been typed in one of the witness. all his papers and photo along with thumb impression have been registered correctly.

Do we need to make a rectification deed.


 4 Replies

Adinath@Avinash Patil (advocate)     03 October 2009

DIVYA,

YOU HAVE TO MAKE RECTIFICATION DEED, WITNESSES ARE VERY IMPORTANT IN GIFT DEED. IN FUTURE IF YOUR  GIFT DEED CHALLENGED IN CIVIL COURT THEN WRONG NAME OF WITNESS CREATS PROBLEM HENCE IT IS NECESSARY TO EXECUTE RECTIFICATION DEED.

1 Like

divya (na)     05 October 2009

please note that the gift deed is between my brother and myself. also the witness whose first name is wrongly typed is my husband. do u still think a rectification deed is needed?

also, who can challenge the deed in court?

if the redtification deed is made, then what will be the date from which i have acquired my brother's share of the property. the one on the gift deed or the rectification deed. what date will be applicable while calculating the incometax liabilities.

 

Sarvesh Kumar Sharma Advocate (Advocacy)     05 October 2009

agree with adinath sir.

Sandeep Aggarwal (Advocate)     16 June 2011

apply for rectification


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