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Vinay Kumar Addagatla (Manager)     26 October 2010

Rectification of Sale Deed

Hello Sir!

I am purchasing a duplex house from one of my friend's brother-in-law.  it is in grampanchayat and was bought in as a whole of 800 sq. yards and later divided into 5 parts.  three of the parts were sold to other parties and two of them were registered on their own names.  it has survey numbers 412&415, but no plot number as it was an open land.   the sale deed was made mentioning only survery numbers as there was no plot number given at the time of making sale deed.  later on when they have decided to construct the house, they have applied for muncipal permission and at that time the Municipal people have allotted the plot number and gave permission.

now i am purchasing the same house and applied for house loan in ICICI bank.  The legal department of ICICI bank have raised a query stating the neither the sale deeds nor the link documents of the same have plot number, hence its difficult to give approval.  As the sale deed was done before applying for municipal permission for construction of house no plot number was mentioned in the sale deed.  I have clearly mentioned the same to them stating permission was obtained later on and hence we got the plot number later on, but they are asking for a rectification of sale deed. 

i want to know if it is compulsory to obtain a rectification of sale deed or is there any way to convince them by saying the same and make them understand the same.  Is the municipal approval copy mentioning plot number in it is not enough to give legal clearance?

Kindly advise me in this regards.

Awaiting the early reply, thank you.



Learning

 4 Replies

R.Ranganathan (Advocate)     26 October 2010

You cannot rectify the sale deed now because there is nothing to rectify in the sale deed. The Plot No. was allotted only later. You ask the bank authorities to consider the same based on the documents available, otherwise approach the Banking Ombudsman to help you out. It is something strange the Bank authorities are asking to rectify the sale deed when there is no mistake in the said sale deed. What they are now asking you to do is not a rectification but insertion of something in an existing sale deed but which was not at all there earlier. Simple terms is only a correction and not insertion or inclusion of anything subsequently.

niranjan (civil practice)     26 October 2010

When identification of the land is clear either by way of survey number or plot number,there is no need of rectification. The bank should allow the plan  of measurement  giving survey number a municipal plot number as annexture to the document.

Vinay Kumar Addagatla (Manager)     28 October 2010

I thank you very much for your response and advise sirs, i vll check out with the bank once again and c what they are going to say.

thank you again.

Puvaneshan (Branch Manager)     09 November 2011

Sir, what happens if the seller has expired and the legal heirs are not traceable/ not willing to execute rectification deed


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