Puneet Jain (Project Manager) 03 July 2011

Document Number Mistake in Sale Deed

Hi,

I am planning to purchase a property (site) in thyagrajnagar Bangalore. The owner of the property has provided me all the documents upto this date.

Originally this property was purchased by someone in 1961 under a registered sale deed in the office of Sub Registrar Bangalore South Taluk. The document number mentioned in the sale deed was 3694.

When I was checking the documents I found that in the document number mentioned in the sale deed is 3694 but when I asked the present owner he gave me the document number 3894 stating that this is the original document and the document number mentioned in sale deed (3694) is a clearical mistake.

One more level of verification was done by checking both the documents 3694 and 3894 whereas the 3694 which is mentioned in sale deed belongs to some other property in some other area while 3894 (which owner says its the original) belongs to the property I am going to purchase.

So it seems like its a clearical mistake. Now what are the steps I should take ?

It looks like it might not be possible to get the document number rectified in sub registrar office in the original sale deed (correct me if I am wrong). So what should I do ?

Shall I take affidavit on a stamp paper from present owner certified by Notary/sub registrar ? What is the legal validity of such affidavit if its signed by Notary public ?

Is there any legal problem which may arise due to this document number mistake ?

Is there anything else which I should take care of or I should take from either owner or subregistrar which could make sure that no problem arise in future.

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4 Replies

suresh (Advocate) 06 July 2011

Dear Mr.Puneet,

You can rectify this mistake by executing the registered rectificaion deed before the concerned sub registrar office. If you take any affidavit in this regard purpose will not served.

Regards

Suresh.N.V.

Advocate

Puneet Jain (Project Manager) 06 July 2011

Dear Mr. Suresh,

Thank for your quick response.

The problem is that original owner and their legal heirs are not tracable. In 1961 first owner of the property sold it to second owner and during that time this mistake appeared in the deed. Later second owner sold it to third owner in 1975.

So it has been 30 years since this property is in the name of third owner from whom I want to purchase. I gave the same documents to ICICI bank and they said that they don't have any problem and they can sanction loan on it, but I am not confident on this.

I went to Sub-Registrar and they also said the same to have this problem rectified but the practical problem is that without the original owners (first owner) or their legal heirs how it is possible for the current owner (third owner) to get it rectified.

If affidavit doesn't solve purpose then Is there any other way ?

Thanks,

Puneet

suresh (Advocate) 06 July 2011

Dear Mr.Puneet

If that is the case, if you have documentary evidence to show the mistake has occured previously, in that senerio in your sale deed you can mention the mistake and execute in proper way.

Regards

Suresh.N.V.

Sajeev Menon (Legal Consultant Dubai 00971 508836442) 19 July 2011

hi, The person who executed the document or their legal heirs are the only authority to rectify a registered document. As per the document the present owner is in the possesion and enjoyment of the property with all the legal rights so the title is very clear and you can purchase that property without any fear.