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shareef shaik (managing partner)     15 September 2012

Gpa holder rights

 

Sir, 

      I have purchased a property and have done GPA on my father's name as the purpose was to re-sell. In GPA document it was wrongly mentioned as (5,28,000) five lakhs twenty eight thousand instead of 10,56.000 in words only. In numbers it was correctly mentioned at four places in the document as 10,56,000. I want to know whether rectification deed can be done by GPA holder at the time of reselling the property to the another party or the previous sellers should come for rectification deed in case of GPA as the whole power is transferred to GPA holder.   Please reply me as soon as possible with full details



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

This GPA is a contract. Any contract can be subsequently rectified only with the consent of both the parties. Since it is a clerical error no stamp duty would be attracted. If the originnal seller does not come forth for the rectification you can file a suit for rectification under S.26 of the Specific Relief Act. 


Advocate Bharat Chugh

*Supreme Court of India

*Delhi High Court


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