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Mistake of year of sale on prior title deeds of property


21-May-2023 (In Property Law)
Title deed (sale Deed) of property I am planning to buy is in 2007 and it's prior deed is (also is sale deed) in the year 1994.This prior deed is derivated from partition deed of 1973.But the year noted in 1994's deed is 1978 instead of 1973 and the person executed the deed was died. All other records are in order. Can I go for purchase of the property and shall it mentioned in proposed deed. Please give me suggestions.
Answers (3)

Answer #1
646 votes
if the possession certificate, encumbrance certificate and all the deeds are correct there is no harm in purchasing the property.You can also ask the seller to initiate correction in the prior deed if it is a mistake. this can be submitted before the registrar having jurisdiction
Answer #2
877 votes
The error is only secondary and hence need not matter, provided there are no other impediments. Does the seller accept this mistake? The document writer may be consulted whether the error could be mentioned in the sale deed.
Answer #3
516 votes
Normally, if you approach banks for Loan by mortgaging the property, they may insist for rectification deed in such cases. However since it is prior deed's prior deed and the person who executed the same is no more, it can be ignored, provided all other details are in tact and it is convinced that it is only a typographical error in the 1994 document. It is also advised to take encumbrance certificate (EC) for the period from 1-1-1973 so that the EC will reflect the correct registration number of the property.

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