Deed of rectification for deed presented for registration
Querist :
Anonymous
(Querist) 02 June 2022
This query is : Resolved
Dear experts,
I need your advise on following case.
1) I presented a sale deed for registration at Sub-registrar office in December, 2021. However, sub-registrar issued a notice of deficit of stamp duty to me and sent the sale deed to deputy collector of stamp duty valuation of the district to detect the market value of property and sub-registrar has not registered the sale deed yet.
2) After, we came to know about inadvertent mistakes in sale deed presented for registration in December 2021. Sale Deed presented for registration has not been registered yet and with deputy collector. May we present a Deed of Rectification to rectify the inadvertent mistake in sale deed presented for registration?
Dr J C Vashista
(Expert) 04 June 2022
Appear before the Registrar (appellate authority of Sub-Registrar) and make good deficient stamp duty.
Dr J C Vashista
(Expert) 04 June 2022
There is no error in draft of the Sale Deed, which may require a Rectification Deed to be registered, against the objection qua deficient stamp duty.
Querist :
Anonymous
(Querist) 04 June 2022
Sir, I have paid complete stamp duty. Notice of deficit of stamp duty is wrong and I am to challenge it through a writ petition. But, till dicision of stamp duty is concluded, may I now present deed of Rectification as there is an inadvertent error in sale deed ? and principal sale deed has not been registered yet as sub-registrar feels deficit of stamp duty.
SHIRISH PAWAR, 7738990900
(Expert) 04 June 2022
Hello,
You cannot present the rectification deed as the original/previous deed is not registered. You have to go to court and file a writ petition challenging the Sub-registrar and Collector as per defence in your case.
Dr J C Vashista
(Expert) 05 June 2022
You have stated inter alia, that, "I have paid complete stamp duty. Notice of deficit of stamp duty is wrong and I am to challenge it through a writ petition. ..."
The subject /dispute qua deficient stamp duty will have to be assailed before Revenue Authorities and not through writ petition till final and binding orders passed by authorities.
Subsequently you have mentioned in your post, inter alia, "...But, till dicision of stamp duty is concluded, may I now present deed of Rectification as there is an inadvertent error in sale deed ? ..."
What is the error (inadvertent) found in mother Sale Deed, which you feel to be rectified, be clear, if you are sure ?
Further you have submitted that, "....and principal sale deed has not been registered yet as sub-registrar feels deficit of stamp duty. "
You have mixed up facts, redraft it clearly and separately.
It would be better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
Querist :
Anonymous
(Querist) 05 June 2022
Thank you sir.
Actually, I purchased a property from a PSU bank through an auction under SARFAESI Act. And paid stamp duty on sale consideration mentioned in sale certificate. Sub-registrar expects stamp duty on ready reckoner rate. That's how difference in stamp duty acertainment.
Inadvertent mistake in built-up area - 2286 sq.mtrs. typed instead of 1123.33 sq.mtrs.
SHIRISH PAWAR, 7738990900
(Expert) 08 June 2022
If the collector of the stamp assesses the stamp duty deficient and asks to pay the additional stamp duty and you want to challenge the decision. In that case, the additional demand of stamp duty cannot be challenged before any other authority. You have to challenge it in writ petition. Take the advice of expert advocate.
