Miss spelled name in e stamp used for sale deed registration

Sanjay Kumar (Querist) 03 September 2020 This query is : Resolved
Hi Experts,
A sale deed was registered with correct buyer name. The e stamp used for payment of the stamp duty was purchased by the seller. Seller name is correct in the e stamp. But in the buyer name ( second party) there is a typo error. One letter is swapped..in stead of ....DA.. its mentioned as ....AD..

Sub register officer had verified and used/locked the e stamp for the sale deed registration. Obviously he has missed to see the wrong spelling in the e stamp.

My query is , given the registration is done and sub registration officer has used the e stamp for the same, does this spelling mistake in e stamp still poses any risk. Is this registration would be considered valid. If not what are the options to make it valid. Can a rectification deed be executed for a spelling error in e stamp used for sale deed registration. Please suggest. Thanks.

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Dr J C Vashista (Expert) 03 September 2020
Since stamp duty has already been locked / paid to the revenue department (government), the aim of purchase and deposit of e-stamp prior to registration of document, which stands consumed/ accepted and document registered, there is nothing wrong /illegal / invalidity of the stamp paper.

Rajeev kulshreshtha (Expert) 03 September 2020
No ,there is no need to correction in stamp.

Shilesh Patel (Expert) 03 September 2020
No need to be rectified and there is no risk.

Sanjay Kumar (Querist) 03 September 2020
Thanks Dr J C Vashista and Rajeev. If I understand it correctly, no action is required for any rectification and the validity of the sale deed registration and Title will not be affected due to the spelling mistake in the already used/locked estamp. There would be no challenges for re sale of the property in future. Please confirm. Appriciate your advice. Thanks.

Guest (Expert) 03 September 2020
Any such mistakes has to be Rectified If you wish your documents to be Legally Perfect and Clean. Executing an Rectification Deed would solve your issue and for it the consent of both Seller and Buyer would be mandatory. Here in Lawyers Club only Legal Solution to be provided and not assumptions and presumptions

Sanjay Kumar (Querist) 03 September 2020
Thanks Mr Narasimha. But can rectification deed be done for spelling mistakes in estamping paper. As I understand rectification deed can address the issues in the sale deed but not the mistakes in e stamp paper. Please suggest. Thanks.

Rajendra K Goyal (Expert) 03 September 2020
One method can be to get the stamps cancelled and repurchased. Seller and buyer must agree for the process.

Discuss with local lawyer.

K Rajasekharan (Expert) 03 September 2020
Mistake made in the e-stamp by the authority, who issued the stamp, cannot be set right by a rectification deed.

In a rectification deed the mistakes made by the parties in the deed alone can be rectified.

The authority who issued the stamp alone can correct the mistake, duly after making correction in his official records in regard to the issue of such stamps.

If there is a set proceedure for correction you can use that proceedure to set it right.

Otherwise please file a complaint to the issuer of stamp or his higher authority, get a due reply and that would be sufficient to establish that it was a typo.

A sure way out in case no other solution is in sight is to file a writ petition, get a direction for correction and get it corrected.

There is a legal principle that no official record should remain uncorrected just because of not having a due proceedure.

This kind of typo is a common error people will make. You will have the right to get it corrected. If you are unlucky the route will be gruelling.

Guest (Expert) 04 September 2020
Yes I do agree with Learned Advocate Mr.K.Rajasekharan Instead of an Rectification Deed as advised by my self the Method Suggested by Mr. K. Rajasekharan is Right.

Dr J C Vashista (Expert) 04 September 2020
No action may be taken, it will not affect your title and you are absolute owner of property which can be disposed by you without any legal issue.

K Rajasekharan (Expert) 04 September 2020
It is quite possible that a typo can be ignored in most cases by almost every officer and every court, if the intention of what is written is quite clear or evident.

A mistake is always a mistake in any writing. In law, any mistake is something of wider dimension and legal implication of grave nature. Law doesn't permit anyone to read a particular written word or writing as something else. Even putting a comma in an inappropriate or wrong place can alter the subtle meaning of any sentence.

As the word GOD cannot be used in lieu of DOG, the initials DA forming part of a name cannot be treated as AD or vice versa.

There is a possibility - though a remote one - that a misspelled word may not be treated as the intended one by some authority.

Rajendra K Goyal (Expert) 04 September 2020
Mistake in e-stamp paper may not be rectified manually.

May get the stamps cancelled (10% may be deducted) and purchase new stamps. Get the deed registered again mentioning the reasons to do so in the deed.

Guest (Expert) 05 September 2020
" No action may be taken " -- Obviously an statement of Inexperience. Dr J.C.Vashista had stated in his Profile that he had completed his Law Degree and also many other Degrees while he was in Army Service. and not clarifying about it inspite of several reminders.

Guest (Expert) 05 September 2020
" No action may be taken " -- Obviously an statement of Inexperience. Dr J.C.Vashista had stated in his Profile that he had completed his Law Degree and also many other Degrees while he was in Army Service. and not clarifying about it in spite of several reminders.