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Muralidhar C 13ME056   22 October 2023

Clerical error in encumbrance certificate

We are about to buy a plot in Bangalore. The entry EC has some typographical errors. Check bandi of property is reflecting wrong in EC, but in sale deed it is correct. How can this be rectified before buying the plot?


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 6 Replies

Dr. J C Vashista (Advocate )     22 October 2023

Which document (other than chakbandi) has been compared and reconciled with descripttion of Sale Deed  to conclude typographical error, if any .

Did you consult the lawyer / individual who authored the EC and drafted Sale Deed with subject record ?

T. Kalaiselvan, Advocate (Advocate)     22 October 2023

The Schedule of property if found to be erroneous in the EC, to that of the registered title document that the vendor is possessing, then you have to ask him to get this error recrtified and then you can venture into this purchase after confiriming the rectification and other issues.

You can obtain a legal opinion from an experienced lawyer in the local and proceed only if recommended.

 

P. Venu (Advocate)     23 October 2023

It is the responsibility of the seller to get the mistakes corrected. What is his stand on the issue?

Muralidhar C 13ME056   23 October 2023

He wants to rectify it. Just wanted to know the procedure. Is a rectification deed required involving his original vendor or does a mere application to authorities is enough?

Because it's clear typo error from their side as details in sale deed is correct but in EC it's reflecting wrong.

T. Kalaiselvan, Advocate (Advocate)     23 October 2023

This is a vital and relevant document related to the property.

You cannot brush it aside citing it to be a typo error.

It may become a cause of concern at a later stage.

You are yet to purchase hence you have to have due diligence before you are making this huge investment towards acquision of capital assets. 

If you want to have a peaceful enjoyment of the property in future, you may have it rectified properly by instructing the vendor to get a registered rectification deed executed following the procedures of law in this regard, otherwise it is your own fate that you are going to tackle in the future. 

P. Venu (Advocate)     23 October 2023

Any further clarification requires that EC and the concerned documents be perused and discussd which, in the normal circumstances, only a local advocate could be of assistance.


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