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Ronnie (lecturer)     24 April 2013

Mistake in sale deed

Dear Members,

Recently I did a sale agreement with the seller and after that I found that there is one mistake in their sale deed. It is mentioned that behind this property there is road and in reality there is plot and after that plot there is road. Please suggest how this can be corrected as the first seller is dead. I have already paid the advance and I want to purchase the same.



Learning

 5 Replies

Advocate Sastry (Advocate)     24 April 2013

It seems you have only entered into agreement...I presume that registration is not yet complete... If you have only entered into agreement you can change it with the consent of seller... If registration has already been done you have to correct it by Rectification Deed... How the boundaries are mentioned in EC. Please check.

Advocate Sastry (Advocate)     24 April 2013

Please tell mew how many sellers are there and you say first seller is dead ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 April 2013

These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.

Ronnie (lecturer)     24 April 2013

Hi,

Actually  this mistake about surrounding area is in the previous deed.That means  my seller, when he purchased this property earlier at that time when Sale deed was done it was having this mistake.

Now that first seller already died so how to get this deed corrected ?

Please advice how should I proceed for this property transaction

Thanks

 

 

Advocate Sastry (Advocate)     24 April 2013

As per your clarification I understand that your seller when he purchased the prperty the mistake was there... I am of the opinion that since the first owner who sold to your seller has deceased the rectification deed has to be filed by legal heirs of the deceased and your seller... After correction  you have to file fresh Rectification deed between you and your seller.. Anyhow I suggest you to contact your local advocate for correct procedure


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