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Arun Reddy   20 September 2017

Incorrect name in 22 years old sale deed

Dear All,

I am planning to buy a plot from my relative who is 65 years old and currently setteled in Ireland. He bought this plot in the year 1995.

The problem here is his name in his indian passport, educational documents and other ids is SURENDER YALLAMPALLY REDDY S/O O Y Reddy but in the sale deed of the plot it is mentioned as SURI Reddy s/o O Y Reddy.

I would like to request you all to kindly let me know the legal process for correcting his name in the 22 years old sale deed so that once his name is corrected I can go ahead and buy the plot.

Regards,

Arun



Learning

 10 Replies

manu seth (N/A)     20 September 2017

A clarification in this regard be given in any newspaper having circulation in the local area that both the names are of one and same person . This would serve the purpose.
1 Like

Kunal Sama   20 September 2017

Dear sir with dully respect I recommend you that your deed will be corrected by the way of Supplementary Deed..
1 Like

SANTOSH GANGUL (lawyer)     20 September 2017

Please Kindly make A affidavit of that person stating both the names person is same and publish in news paper in local limits of your city. Then After some days you can commit for sale and purchase.

 

1 Like

P. Venu (Advocate)     20 September 2017

Have you contacted the SRO or the local document writer?

1 Like

Kumar Doab (FIN)     20 September 2017

Pls respond to Mr. P Venu's points..

1 Like

Arun Reddy   20 September 2017

Dear Venu,

Thanks for your reply

I have visited the registration office today to meet the sub registrar but I was told that he is out of office till 22/9/2017.

Yes I have already contacted one document writer to get some inputs regarding my case, he wasnt 100% sure but he told me 2 ways of doing it.

1) Rectification deed : For applying the rectification deed My Uncle and the person from whom my uncle bought the plot 22 years back should come to the SRO office and sign the freshly prepared document mentioning the correct name as per his Passport.

or

2)  Alias : He has asked me to mention his both names in my sale deed and mention one name as Alias

   SURI REDDY ALIAS SURENDER YALLAMPALLY REDDY

Regards,

Arun

Arun Reddy   20 September 2017

Dear Kunal,

Thanks for your reply

I think for the supplementary/rectification deed the person from whom my uncle bought the plot should come to the SRO office and sign the new deed in presence of the Sub Registrar, correct?  but in this case I am unable to trace the seller from whom my uncle bought the plot. 

Regards,

Arun

 

Arun Reddy   21 September 2017

Dear Santosh,

Thanks for your reply

My Uncle is in Dublin-Ireland , Can I make an affidavit on his behalf or should I ask my uncle to prepare an affidavit and send it to me so that I can place an ad in the local news papers.

And after placing the ad should I mention his both names in my sale deed mentioning one name as Alias?

waiting for your reply

 

Regards,

A Reddy

Arun Reddy   21 September 2017

Dear Manu,

Thank you so much for your reply

Can I publish the ad on behalf of my uncle and after placing the ad should I mention his both names or just his correct name as per his passport in my sale deed?

Regards,

Arun

Aadil (Student)     04 June 2024

Dear Arun,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The Indian Registration Act of 1908 mentions the use of a correction or rectification deed to correct any mistakes in the sale deed in its section 17. Although a correction deed can be used to add new information related to the property, rectify mistakes, or remove unnecessary ones, any modification that changes the very nature of the transaction of the deed is not permitted.

 

It must be noted that both parties to the original deed must present for the execution of the rectification deed as their consent through signature is necessary. Also, the error to be rectified must not change the basic nature of the transaction of the deed. It must be minor and should be clearly mentioned during the process of rectification. This rectification must be consented to by both the parties involved in the original transaction, i.e the buyer and the seller. If the seller is not alive at the time of rectification, their legal heirs may be intimated for the same.

 

No limitation period has been mentioned for the rectification of a sale deed in our law, and therefore the time period of 22 years is not an issue for rectification.

 

It must be noted that if the original sale deed was registered, the rectification deed must also be registered with the appropriate authority in the same jurisdiction as the original deed. To make a rectification, either party must go to the sub-office registrar where the sale deed was originally registered. A stamp duty will also have to be paid which might vary depending on the deed.

 

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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