Rectification deed (minor spelling mistake of buyer's name)
21-Dec-2023 (In Property Law)
My father bought a property in 1966 but his name got wrongly typed. Now he wants to sell the property but we can't locate the seller as it's a very old property. What is the legal recourse so that he can sell the property hassle-free. Thanks and regards
Dear client
A rectification deed would need to be executed in your case. It has to be mutually executed so it becomes essential to locate either the seller or his/legal heirs. The stamp duty payable in such a minor change should be INR 100. In case you cannot identify the seller by any means then a declaration suit will have to be filed.
Feel free to get in touch in case for further discussion.
Warm regards.
Adv. Abhinav Sharma
A rectification deed would need to be executed in your case. It has to be mutually executed so it becomes essential to locate either the seller or his/legal heirs. The stamp duty payable in such a minor change should be INR 100. In case you cannot identify the seller by any means then a declaration suit will have to be filed.
Feel free to get in touch in case for further discussion.
Warm regards.
Adv. Abhinav Sharma
We need to first see what document is there on which the name is wrongly typed. The legal recourse could have been rectification only but since it is an old transaction, i feel it won’t be possible. So, only option as per your facts seems to be selling the property as it is by giving an affidavit to this effect and getting one indemnity bond registered in favour of the new buyer in this regard
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