Sesh Madala 10 August 2015

Cheque number not mentioned in sale deed

Hi,

In my property sale deed, the builder didnt mention the cheque number( given by bank from which I availed loan) and currently I cannot trace the owners who registered it to me. So do I still need a rectification deed to mention the cheque number( I have copy of the cheque given by bank) or can I give an affidavit to the buyer who is interested in buying my property. I will state in the affidavit that I will be responsible in future if any problem arises due to the missing cheque number?

Thanks for your suggestions,

Sesh M

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2 Replies

K. GOPALAKRISHNAN (ADVOCATE) 17 August 2015

Dear Sesha,

Mere affidavit cum indemnity would suffice for the cheque number. Ensure that the cheque is realised and credited to the seller account and the statement of account from the bank may be accompanied with the affidavit and the sale deed for further clarity.

Regards

Gopal

Advocate.

Sesh Madala 17 August 2015

Dear Gopal,

Thanks a lot for your reply. Cheque was issued by the bank from which I availed the loan. The cheque was in the name of the builder and I do have a copy of the same. So I dont have a statement as to show that the amount is paid to the builder, but the copy of the cheque itself. So in this case is it enough if I have the affidavit and the copy of the cheque as the proof. I am sure bank would have the records to show that the cheque was paid to the builder. It was 9 years back when this deed was executed. Unfortunately I noticed it only now that I have closed the loan.

Thanks and Regards,

Sesh M