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Rectification of typographical error in agreement for sale
25-Oct-2024 (In Property Law)
I recently registered an agreement for sale for purchase of resale flat in Mumbai wherein a typographical error occurred in quoting the building No 2 instead of building No 4 (indicated in OC & CC). Legally we are bound to file rectification deed. Both the parties have already decided to register sale deed after completion of terms and conditions of the said Agreement for sale. However, my proposal is, instead of going in for rectification deed , whether we can register the sale deed directly ?
You can incorporate the rectified clause and refer to the agreement for sale. Rectification deed may not be required and execution of sale deed would save time and cost. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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In your case, where there is a typographical error in the agreement for sale specifying the incorrect building number, you are legally required to file a rectification deed to correct this. A rectification deed serves to amend errors in the original document, such as misquoted property details, and ensures that all information is accurate before any subsequent registration.
However, if both parties agree to the correct building number and plan to proceed with the sale deed registration after fulfilling the conditions in the agreement for sale, it may be possible to clarify the correct property details directly in the sale deed. The sale deed can accurately reflect the correct building number as per the Occupancy Certificate (OC) and Completion Certificate (CC). This may streamline the process if both parties are on the same page and do not anticipate any legal disputes.
Nonetheless, not registering a rectification deed for the agreement for sale could potentially cause issues if the authorities question the discrepancy or if there’s any disagreement in the future. To avoid complications and ensure that all documents are consistent
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Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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It will be best, if you go for Rectification Deed rather than going for Registered Sale Deed, as you cannot create two Sale Deeds legally for the same Property, if you create, you can face legal complications.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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