Legal Question in Real Estate Law in India

I reside in the US and am US citizen with OCI card (Overseas Citizen of India). I own 2 houses in India; one in Bombay and second in Ahemdabad and need to change the just the spelling of my name on the Property Deed. I have changed it legally in US on US Passport as well as on OCI Card, Pan Card, and Gazzeting for India.

I want to keep the house, and without selling them is the name correction/change possible on Property Deed ??

I've received the below response and do appreciate it but I'm not looking to sell it and hence there is no other party involved (except for my wife, who is ok with name spelling change on both the properties). Is Rectification Deed possible without selling the house ? Please could you advise the process. Thanks.

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You can either go for a rectification deed it the other party is agreeable if not then you may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact


Asked on 4/11/14, 8:01 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If you have executed a deed and require a correction then you may go for rectification of the deed or file a suit u/s 26 of the specific relief act. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/12414

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Answered on 4/12/14, 12:06 am
Vishwa Arya Arya & Co.

On the basis of order of change in name from US, you need to get mutation record changed and not the deed. For any rectification deed, you would require both Vendor and Vendee.

If property was acquired from local authority, then you may get the allotment changed to your new name - which is same as change of mutation.

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Answered on 4/12/14, 4:12 am


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