Ronil Kothari (Project Manager) 10 January 2011

Sale Deed Rectification in absence of buyer and seller

Hi,

I have bought property under auction held by bank. The floor number in the sale deed is mentioned as 3rd instead of 4th Floor. I do have following query:

1. Previous Mother deed and sale agreement shows the floor number as 4th Floor which is as per Building Plan.

2. Latest Sale agreement between the first seller and second buyer shows 4th floor.

3. But the sale deed for point no.2 is mentioned as 3rd floor due to typographical error.

Now the bank has issued loan to the previous buyer and has become defaulter. So bank has seized the property and now they have auctioned the same under sarefaice act. When bank handed over the documents to us, sale deed was showing as 3rd floor. Now the previous buyer and seller are not available. So is there any way where the Sale Deed can be rectified or else can we proceed with registeration as 4th floor which is actually as per building plan and mother deed.

Thanks & Regards,

Ronil

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2 Replies

M. A. Khan (advocate) 10 January 2011

Unless both parties present rectification is not possible. There is an alternate, to file the documents with registrar, registrar will issue notice to both parties, if they fail to appear, registrar may rectify the mistake or may reject it. you can file appeal against the order of registrar. If appeal is dismissed you need to file suit for declaration and rectification.

K S Narayana Rao (District Registrar) 22 February 2011

(1) If Buyer and Seller available you can ger it by a rectification deed.

(2) In case they are not available you can proceed the correct number 4th floor as per the plan otherwise Sub registrar on verification he will not registrar. (The other Side of the coin it go for lone in future link may be objected by the bank otherwise nothing will happen to your property rights). However, whenevesr in future Buer Seller available you may get it be rectefied.

ksnarayanarao@yahoo.com