Himz 02 January 2016

Seller name used interchangeably in sale deeds

Hi,

I have recently purchased plot in a layout situated in bangalore. The layout is developed by

partnership firm where managing partner Mr. Srinivasa/Srinivas has stake of 60% in the firm by

mean of contributing lands acquired in his name to the partnership firm. The bits and pieces of

lands bearing multiple Sy. No.s are joint together to form a layout. The plot that i have

purchased is falling under the Sy. No. which was registered under the name of partnership firm

represented by name Mr. Srinivasa. Few facts I have realized after executing my saledeed.

1. In old sale deeds of few Sy. No.s, lands were registered on the name of Mr. Srinivas instead

of Mr. Srinivasa though person identify was same (photo, sign, father's name etc) and rest others

are in favor of Mr. Srinivasa.
2. Deed of partnership also having name Mr. Srinivas instead of Mr. Srinivasa.
3. Approved layout plan has firm name mentioned and represented by name mentioned as Mr.

Srinivasa.
4. Khata of my plot has firm name mentioned and represented by name mentioned as Mr. Srinivasa.
5. My sale deed drafted by developer has firm name mentioned correctly and represented by name

mentioned as Mr. Srinivas instead of Mr. Srinivasa.
6. Sub-registrar officials has records with firm name mentioned correctly and represented by name

mentioned as Mr. Srinivasa.

In essence, name of person is used interchangeably in different places but with same identity. In

my sale deed, print name used by developer on first page is Mr. Srinivas along with partnership

firm name mentioned correctly but sub-registrar has used name Mr. Srinivasa along with

partnership firm name mentioned at back side of paper. I brought this fact of minor discrepancy

in light to Sub-registrar officials but they rest me assured that nothing to worry.

I am looking for expert advise if something to worry about here? if so then what are the next

steps.

Thanks a ton in advance!!

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 January 2016

The plot that i have purchased is falling under the Sy. No. which was registered under the name of partnership firm represented by name Mr. Srinivasa., In old sale deeds of few Sy. No.s, lands were registered on the name of Mr. Srinivas., Deed of partnership also having name Mr. Srinivas., My sale deed drafted by developer has firm name mentioned correctly and represented by name mentioned as Mr. Srinivas.,

the name of Mr.Srinivasa ( who is representing the firm) is correct.

and it was typed in the sale deed and firm deed(partnership deed) Mr.Srinivas. so you have to obtain rectification deeds (i) in old sale deed (ii) the partnership deed of the firm (iii) your sale deed drafted by developer by rectifying the correct name as Mr.Srinivasa. consult a local counsel who well knowledged in these type of cases with all particulars. he will guide you.

Himz 02 January 2016

Thanks for response. Would it be considered as minor mistakes and can be rectified by paying the stamp duty and registration charges of Rs.100/- each? or the stamp duty and registration charges apply as per rate of registration of the original Sale deed?

Himz 03 January 2016

Sub-registrar has mentioned name as "Mr. Srinivasa" correctly at the back side page of sale deed however print name on first and last page is "Mr. Srinivas". Can this error be corrected with nominal fee of stamp duty and registration charges of Rs.100/- each? or stamp duty and registration charges apply as per rate of registration of the original Sale deed?

T. Kalaiselvan, Advocate (Advocate) 10 January 2016

Actually you should have verified all the details and should have pointed out the irregularities observed now at that time before getting the property registered. On such issues there should be no relaxation nor a lethargic approach.

However since this is a matter of concern, you may get a rectification deed execute and registered for which you need not pay the stamp duty for registration except the nominal registration charges.

Consult and take a legal opinion from a lawyer at least now before hurrying up again.