Incorrect pan in sale deed

Aadhar details are OK and PAN number wrongly mentioned. PAN is required to be mentioned for the benefit of Income Tax Department and a mistake in PAN number does not affect the validity of Sale deed.

You may contact a CA and seek his guidance how to rectify this mistake as the details of PAN sent by or captured from Registration Department throw an error at vthevend of IT Department. CA may give a better clarification and suggest how to rectify, may be an affidavit to IT Dept with copy of Sale Deed.

Thanks a lot Sir for your reply. There is a possibility that wrong PAN number is only typed on the document against the joint second buyer. Sub-registrar office might have captured the correct PAN since we showed it to them. Is it possible to check that online?

Regarding IT, TDS deposit was done using my wife's PAN since she is primary buyer and that is correct all along.

I don't think what's captured by IT Department is available  on line for verification.May be o/o the Registrar can verify their records and inform you. As already suggested its better to seek guidance from CA to know the implications and ways to rectify the mistake,big its needed.

Do not make a mountain out of a mole, these small mistakes can never affect the validity of the registered document. in any way.

Dear Shri G.L.N. Prasad - Small mistakes lead to a lot of trouble. For example my name is spelt as BHARATI, BHATARTHI, BARATHY BHARAATHEE etc. as per the mood of various typists in Revenue Department, Telephone Department, Ration Card etc. Funily the spelling error in Passport and Aadhaar with same bio metrics make me a different person in Passport Department and they insist I change myu name in Aadhaar. The name is same as Aadhaar in PAN. Aadhaar people want a proof on Name and I am in a catch 22 situation. So now I am a spree to coreect my name with the help of a battery of advocates. So the computer does not accept even case sensitive errors. Better be OK from the beginning

 

No such problem / issue if there is endorsement of wrong PAN in sale deed.

I'm a US Citizen and an OCI Card Holder since 2011. I purchased a property in 2013 where the Deed of Sale was executed unilaterally by the builder wherein my nationality was incorrectly mentioned as 'Indian National' instead of 'US Citizen and OCI card holder'. Is it possible execute a rectification for this.

Originally posted by : Shehan Menezes

I'm a US Citizen and an OCI Card Holder since 2011. I purchased a property in 2013 where the Deed of Sale was executed unilaterally by the builder wherein my nationality was incorrectly mentioned as 'Indian National' instead of 'US Citizen and OCI card holder'. Is it possible execute a rectification for this.

You should have posted this query on a separate thread, as continuation of this post has made it confusing.

Dear Sekhar,

Thank you for your query! I am Aadil and I will try to answer your question.

A sale deed is a legal document that certifies the transaction or transfer of said property and acts as a valid evidence to ascertain the ownership of a property. It is governed by the Indian Registration Act of 1908. The same act also gives out provisions through which mistakes in a sale deed can be corrected.

In section 17 of the Registration Act of 1908, it is mentioned that a rectification or correction deed can be used to correct mistakes in a sale deed. A correction deed can not only be used to correct mistakes, it can also be used to add necessary information related to the property or remove any unnecessary information. Such mistakes must be minor and any rectification that changes the very nature of the transaction of the sale deed is not permitted. 

For the execution of a rectification deed, consent from both parties is required through their signature. They must therefore be physically present to sign the rectification deed. In case the original seller is now deceased, their legal heirs can be intimated and their consent must be taken for the rectification. 

If the original sale deed was registered, the rectification deed must also be registered with the appropriate authority under the same jurisdiction as the original deed. A stamp duty must also be paid, which might differ according to the deed. To make a rectification to a sale deed, either party must physically go to the sub-office registrar where the original deed was registered to apply for rectification. No limitation period has been specified by law for the rectification of a sale deed.

Therefore in this case, the PAN number being a trivial mistake not affecting the nature of the transaction of the sale deed, can be changed through a rectification deed. It must be noted that consent from the seller is required for the same and they must be physically present to sign the rectification deed.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil

Hi Aadil,

Thanks for your reply, how do I get a draft (Deed of Rectification ) for this correction. The agent who made the mistake (is charging me and says he will get it corrected but I have to get the draft done ...

Can you please help...