Puneet Jain (Project Manager) 03 July 2011

Wrong Document Number in the Sale Deed

Hi,

I am planning to purchase a property and when I were checking the documents I found that in 1961 the old owner purchased this site under a registered sale deed in the office of Sub Registrar Bangalore South Taluk. The document number mentioned in the sale deed is 3694 but when I asked the present owner he gave me the document number 3894 stating that this is the original document. After checking the document 3894 I found the same property where as document 3694 doesn't not belong to this property. So a clearical mistake has been made in 1961 at the time of registration.

I believe it is not possible to get the document number rectified in sub registrar office in the old sale deed. So what should I do ?

Shall I take affidavit from present owner certified by Notary/sub registrar ?

Or is there anything else I should do ?

What is the legal validity of such affidavit (if it has to be made) signed by Notary Public ?

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2 Replies

kumar (NIL) 16 July 2011

Dear Puneet,

There is no chance to do mistake with SRO's while registering the property. I Suggest you to do two things as follows

1. Take Encumbrance Certificate from 1961 to till date for both document numbers (3694 & 3894)

2. Take Cerfified True Copies for the both documents (3694 & 3894)

If the property owner is still alive, try to take him to the SRO and ask the clarification to the Registrar. And affidavit is not a permenant solution for this, if you want to sell the property in future also you will have to face problems. So Please be care full while purchasing the property. Otherwise you better meet the registrar and ask for the rectification (if the mistake done by the SRO)

Thanx & Regds

Kumar

Puneet Jain (Project Manager) 16 July 2011

Dear Kumar,

Thanks a lot for your response.

You wrote :

"Take Encumbrance Certificate from 1961 to till date for both document numbers (3694 & 3894)"

Does it mean I need to take Encumberance for both documents or on the properties mentioned by 3694 and 3894 documents ? Is it possible to take Encumbarance on document or document numbers ?

Next, Is it possible to get 3694 certified copy from sub-registrar office if it doesn't belong to the owner because the original property is 3894 document..and 3694 was wrong number.

What about another option to do correction via declaration suit ?

Regards,

Puneet