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patric (owner)     24 March 2013

Can this be corrected!

If by a chance there has been a mistake on a given sale deed.For ex. Mr. A purchase a property for his son mr .B but while doing the documents he puts the name of a younger son Mr.C who is a minor at the time of the sale deed.After coming to know that he is a minor he tellshis elder son Mr.B to sign the sale deed.but the problem becomes is that the sale deed is signed by the elder son Mr. B but the name on the sale deed is of the younger son Mr. c .Now that the sale deed is considered to be null as it have the name of a minor how could it be probably corrected.If so what is the option left is a affadavit from one witness on the saledeed do saying that the name on the saledeed is wrongly recorded or is there anyway out please let me know your suggestions.thank you all in advance



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 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     24 March 2013

 

Your Advocate drafting Sale deed Should take care. 

Property Documents is a serious matter, need extra care. 

If you did yourself, you repent. 

 

ALTERNATE REMEDY :

 

1] Allow minor to be major to ractify it

2] Get Court Order to allow you to sell Minor's Property, arranging to safeguard his share, by Fixed Deposit in Bank for market value of minor's share. 

3]Court Suit  to declare it null & void/ cancell it as by mistake 

patric (owner)     24 March 2013

thank you  sir,but does the person who actually signed it have no rights on the said property.If so who is having the better rights is it the person with his name on sale deed or is it the person who singed on it with his finger prints.

Advocate Ravinder (Advocate/Attorney)     25 March 2013

Once the slae deed is registered in the minor's name, it is difficult to rectify it. You cannot even sell the property to third parties without the court permission.  You have to file a civl suit for  cancellation of sale deed.  You have to convince the court that it happened by mistake.  But to my knowledge it is difficult task. Putting signature of your elder son will become more complicating and it may damage the above case also as it results to tampering of document. 


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