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Niraj Jani (Software Engineer)     14 August 2012

Spelling mistake in franking during sale deed

Hello Everyone,

My Name is Niraj Jani. I recently purchased a new flat directly from builder. During the time of property registration at sub registrar office, I noticed that there was a spelling mistake in my father's name in printed sale deed. The name should be VISHNUBHAI however it was VISHUBHAI. 'N' was missing. Hence I immediately brought this into notice of a person who was there from builder side. He said he would correct the name in agreement manually and he took my signature at each and every place where my father's name was mentioned in sale deed. I also got it corrected on Registration slip as well as Index document. Registration slip and Index appears in Hindi with correct name.

Now the problem is, when I received the sale deed from builder after few days of registration, I noticed that my father's name was again VISHUBHAI on Stamp Duty/Franking Document. Except E-Stamp/Franking Document from Stock Holding Corporation of India, name is corrected at each and every place in sale deed.

When I discussed this with builder and asked them to get it corrected, they said this cannot be corrected as Franking document is printed before registration(I had never seen this document before in my sale deed). As per builder, this mistake won't create any trouble to me as this can be avoided.

Now I am in confusion and have below queries.

1. If I don't get it corrected, Can it cause any trouble in future? May be in resale transaction etc.

2. If I don't get it corrected, Can it cause any trouble for IT return as I will submit Registration/Stamp Duty document to get tax benifits.

3. Any other issues that I may face if I don't get it corrected.

4. Should I go for Correction/Rectification deed and get this corrected?

5. In case if it doesn't cause any trouble then too I am not satisfied with this mistake and there's a doubt in my mind. So I feel I should get it corrected for my inner satisfaction also.

Looking forward to your expert suggestions on above queries. Thank you so much!



Learning

 3 Replies

surjit singh (Assistant)     15 August 2012

It may put you in trouble some time in future, better approach the registering authority for correction of the spelling with an application immediately, signed by the both the parties, follow the procedure for correction as it is for gramatical mistake/typographical mistake etc. in the sale deeds.

Niraj Jani (Software Engineer)     16 August 2012

Thanks for your response.

Is it required to do a correction/rectification deed or just an application to sub registrar office, signed by both parties will be ok for this?

Also to ask you that my father's name was not correct even in printed sale deed(wherever it appears). Everywhere it was showing VISHUBHAI instead of VISHNUBHAI. So the person from builder side took my signature at everyplace where my father's name was incorrectly printed and later he modified the name manually at those places in sale deed. There's no signature of the opposite party at these places in sale deed. Is that OK? I believe both parties should put signature wheever the corrections are made in sale deed. Am I right?

Looking forward to your reply. Thank you.

abdul nazar (lawyer)     18 August 2012

you should register a correction deed

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