Rajendra 03 June 2022

Rectification deed

Hi All,

My name is Rajendra,

My Father was alloted one property in mumbai by a developer in lieu for the property which we had. One residential flat. Alternate Accomodation Agreement was executed and registered in the name of my father in the year 2000.

In the Alternate Accommodation agreement my fathers name was mentioned as Kishan Ramesh Yadav (Lal missing). Our ration card copy was attached to the agreement in which my fathers correct name is mentioned as Kishanlal Ramesh Yadav.

My father died in 2001 Intestate (without any will)

Now in 2020 we three siblings and my mother executed release deed. The the flat was released to me by the way of registered release deed. We attached the death certificate of my father in the release deed as well as the ration card and in both these attachments i.e. Ration Card and Death Certificate my fathers name is written in full i.e. Kishanlal Ramesh Yadav. But in the Old Alternate Agreement its Kishan Ramesh Yadav.

The release deed which we made we mentioned the name as per the death certificate and ration card. And the name in the release deed also mentions the correct name which is Kishanlal Ramesh Yadav.

Now in 2022 i noticed that in the Alternate Agreement the name of my father is not in full as "LAL" is missing there. Its difficult to bring the builders to rectify this mistake and I want to avoid a case under specific relief act, sec 26 due to time constraints.

As stated before, the ration card, death certificate, and my fathers old bank pass book mentions my fathers correct name which has been attached to the old agreement as well as release deed. I have the society bills in my fathers correct name which was also attached to the release deed. The society NOC is also there in which my fathers correct name is there and in the society records too. All these documents corroborates my fathers real name and just a word LAL is missing there in the Alternate Accommodation Agreement.

Will there be any problem in selling the house in the future ?

Can I just execute a Common Affidavit signed by my siblings and mother and sell the house in future or get a loan against it ?

Can I execute a rectification deed on the release deed and quote the registration number of the old Alternate Agreement and mention the correct name with a common affidavit executed by us siblings and mother ?

We all siblings and mother share good relation with each other.

Please advise. Thank you.

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1 Replies

Mahi Manchanda 27 June 2022

Hi,

Such typo errors in property documents can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes. This should be done to prevent any future problems in selling the house.

To sell the house or take loan against it ,an Affidavit of Title is required. It is a legal document that is issued by the purchaser of a piece of property specifying the status of potential legal issues involving the property or the seller.

Yes you can execute a rectification deed on the release deed and quote the registration number of the old Alternate Agreement and mention the correct name with a common affidavit executed your family.

I hope this answers your question.

Have a good day!