Sandeep Raj 24 August 2021

Rectification deed without seller

Hello Sir,

We have purchased a plot in year 2000. Due to mistake of the typist the East-West dimension was swapped with North-South. After 20 years now we came across this error while selling the plot. So lawyer insisted us to create rectification deed by involving seller also ,but we tried to trace the seller. We couldn't trace him and we don't know if he is dead or alive. We also don't know if he has children or not.

Please help/guide us how to solve this issue.

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 25 August 2021

Disclose the typographical error to vendee (purchaser) which should not create any problem for the transaction and get it correctly described in present transaction, when your vendor is untraceable and you do not want to institute a suit for declaration.

Sandeep Raj 25 August 2021

Thank you for your response.

But the purchaser has applied for plot loan and the leagel team from bank are asked rectification deed for this. But we can't get rectification deed as seller is not tracable. Without this purchaser won't get loan. can you please guide us on this.

P. Venu (Advocate) 26 August 2021

It is a sorry state of affairs that the so-called legal advisors for most of the Banks are missing the woods for the trees. They are virtually a law unto themselves.