Hemalatha 15 September 2015

Mistake in sale deed

hi,

I need a urgent help in getting rectification in sale deed.

The issue is we have the property of 1200 sqft in bangalore and was purchased in the year 1983 and seller has made the GPA and buyer is my father due to some issues we didn't do the Sale deed in 1983 and we got it registered(sale deed) in 2002 and the seller was not alive when we did the sale deed so we got registered by the seller wife but the issue is the sale deed which we executed has wrong seller name(wife name) ,photo and wrong signature in every sheet of sale deed.

There is also mistake in our side which we blindly trusted the lawyer and got it registered and as we now went for the home loan we came to know about the mistake by comparing the family tree of seller to our sale deed.

As of now we have not contacted the seller family as they are very greedy and may ask huge money in getting rectified so please provide us the best solution where we can get it rectified or cancell the old sale deed and re-register from my father(GPA holder) to mother by paying new stamp duty or any other best solution available where it should not create any further issues in selling the property if required in future and if possible also please specify the cost invovled in it.

Thanks in advance.

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6 Replies

adv.raghavan (Advocate,9444674980) 15 September 2015

If the deceased seller have more legal heirs all of them had to sign for sale of property, his wife signature alone is not enough. If you are experiencing the same issue as i narrated above, what u are holding, (sale deed) is void document and it has no value, all the other legal heirs had to relinquish their right over the property favg. mother (deceased seller wife) or they should effect GPA (registered) favg mother , or you can opt for court interference. With this document if you want to execute futher document, it is not advisable and it is waste of money and time, and it has no value in the eyes of law. so i advice you to contact the legal heirs of deceased seller and try to convince them and get the things done.

Hemalatha 15 September 2015

Hi Raghavan, Thanks for the reply. we got one more document which specifies that they don't have any rights on the property and was sighned by the seller family(including minor) and it was done on stamp paper as a agreed document with photos of all the members of seller family so can we use this document and make new sale deed from my father to mother and cancel the old sale deed? if we go for cancellation of old sale deed is it going to attract any charges? Please provide the information if possible.

adv.raghavan (Advocate,9444674980) 15 September 2015

I thnik you have more problems than anticipated.

1, Any relinquishment deed has to be registered , un registered is not valid.

2, Buying minor share is not valid and you need to have court order to effect sale for minor share.so as per your version minor cannot relinquish his/her share it has be done by a guardian with proper court order

3, so any sale effect by other legal heirs representing minor with valid court order is null and void and they cannot effect any valid title to you as they themselves do not have the same.

4, My sincere advice is not to make any further or effect any transfer based on this, immediately move concerned jurisdiction court to call this sale null and void as the seller do not have perfect title to pass on. and seek return of money for the sale effected .You can file criminal case also against seller.

with this i am signing off .

adv.raghavan (Advocate,9444674980) 15 September 2015

it should be " so any sale effect by other legal heirs representing minor with out valid court.,"

K S Narayana Rao (District Registrar) 17 September 2015

Yes Iwould like to say If you got registered it by the wife of the GPA holder after his death the deed becons void. If you got registered by the original property owners wife it's good now you can ratify the sale deed by the other legal hairs in the sub registrar office by way of ratification deed registered you need not calncel the sale deed registered by the wife. If they are not willing to do that you might proceed to Hon'ble court to implement their partial contratucal obligation. contact a good lawyer.