Legal Question in Real Estate Law in India

Hello,

This is Nilesh from Vadodara, Gujarat, India.

I have purchased a NA land from the firm and dastavej (sale deed or agreement of land sale) has been registered in sub registrar office. After registration, I noticed that there is a mistake on one of the page. The observation is that the directions of the boundaries are wrongly mentioned meaning that references which are in East and West direction are expressed as North and South and those which are in North and South direction are mentioned as East and West references. As the computerized registration is done and the dastavej has already been scanned, changes in the registered document are not possible.

As per the CLERK at Registrar office, a new, separate and complete dastavej must be prepapred and registered in case there is a mistake in vital information like Name or Boundaries etc in the dastavej. The correction note on stamp paper is not valid in this case.

On the other hand, the seller firm agreed for their mistake (a typographical error) and they have prepared a correction note on Rs 100 stamp paper mentioning clearly the reference page number, details of incorrect information and correct information etc and is duly signed by the concerned people. They proposed me to get this correction note registered in the registrar office. While I requested to create a new, fresh and separate dastavej with correct information and get it registered, their legal department represetative says that as per the law there is not provision to overwrite the existing dastavej and hence, the new dastavej can not be prepared.

My interest is to ensure that the sale deed with CORRECT information is registered at registrar office.

Please advise me about what should I do ?

I have following queries. Good, if you can reply those as well.

Thank you for everything

1. What is desired and possible as per the law ?

2. Is it possible to create a new, fresh and complete dastavej with correct information and register it so as to overright the existing one (with error in boundaries) ?

3. Is it possible and valid to register the correction with correction note on stamp paper in this case ?

With Warm Regards,

Nilesh


Asked on 9/27/11, 11:40 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

A Deed of Correction or Deed of Rectification duly executed and registered by parties to the deed having errors is sufficient.

Since entire stamp duty and registration charges are paid on the deed having errors, such correction deed require only minimum stamp duty and registration charges.

Read more
Answered on 10/04/11, 10:12 pm


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