Typing error in land deed
Rony
(Querist) 26 April 2013
This query is : Resolved
Dear Sir,
Good Day.
I had purchased a piece of land from a seller. I had purchased 35 kathas which the seller actually had out of the 45 kathas present in that particluar dag.By mistake in the sale deed the seller had mentioned that I had purchased 35 kathas out of their 61 kathas in that Dag. This is a mistake because the entire dag has only 45 kathas and not 61 kathas. However the area , size, directions, stamp duty, drawing of whatever part I have bought(my 35 kathas) is totally proper.
i) Please advice me if I need to make a rectification deed and state that the seller had originally 45 kathas in the dag and not 61 kathas as mentioned in the original deed.
ii) If rectification is not needed can there be a simple declaration by me mentioning the typing mistake?
Thanks ,
Rony
prabhakar singh
(Expert) 26 April 2013
Nadeem Qureshi is right.To avoid any confusion in future deals better go for rectification.
Rony
(Querist) 29 April 2013
Dear Sir ,
Thanks for your answers. However the vendors from whom I purchased the land are out of station most of the time and hence cannot come to the registrar's office.
Can I get a declaration done and get it registered by the registrar pointing out the mistake done? Will my signature only do ? If the registrar agrees to make the document will it hold good in future?
Thanks ,
Dippyoman
Sailesh Kumar Shah
(Expert) 29 April 2013
without execution of rectification deed by vendors with you, the registrar can't register such document. there is no concept of declaration about such thing in law.
Raj Kumar Makkad
(Expert) 01 May 2013
Court shall not declare such declaration unless the same is recorded in the record of the registrar.
Rony
(Querist) 03 May 2013
Dear All,
Thanks for all your suggestions.
In this case the vendors stay out of station and not willing to come over and sign. Hence we are in talks with the registrar if we as 'Purchasers' can give a declaration that there was a typing mistake, and get this recorded in the record of the register.
Thanks ,
Dippyoman
ajay sethi
(Expert) 03 May 2013
you offer to bear the expenses of vendor air tickets and stay they will surely come . you have to give them some incentive if you want them to sign rectification deed
Rony
(Querist) 17 May 2013
Dear All,
Thanks for all your answers. We are going to make a rectification deed signed by both the parties.
I have just one more question :-
The vendor's name is Ashok Sing Jain and this is written properly in all pages of the deed. However in the endorsement page where the stamp duty amount, my name, vendor's name is written there the middle name of the vendor is mispelled as Ashok Singh Jain. There is a 'h' after 'Sing'. My lawyer tells me that this endorsement page is generated by the Court of Registrar and hence she cannot change it , also it is not part of the deed hence cannot be included in the Rectification deed. Please advise me if this will cause any harm in future , if this needs to be modified now, how can this be modified since it is not part of any page of the deed ( the middle name is written as 'Singh' instead of 'Sing' in the endorsement page given by the court).
