Legal Question in Real Estate Law in India
Typing Mistake in Deed of Conveyance
I bought a flat in Nov06,stamppaper was bought on30.10.06 but due to typing error in the deed ,year was typed as 2005. The deed starts like this- 'This indenture is made on this the lst day of november Two thousand five'. This deed has been registered. Is this deed valid? If not what to do for correction? Is the signature of the advocate who drafted the original deed is mandatory? The promoter's relation with the advocate has turned sour and the advocate will not co-operate? What is the way now?
3 Answers from Attorneys
Re: Typing Mistake in Deed of Conveyance
The proper way to rectify mistake is to serve a legal notice upon the promoter asking him to get the deed rectified and in case he does not comply file a civil suit for mandatory injunction and declaration seeking the above said relief
Re: Typing Mistake in Deed of Conveyance
You may approach the registeration authority seeking necessary rectification.
Re: Typing Mistake in Deed of Conveyance
If stamp is of 2006, payments also of 2006, registration is of 2006 then it is perfectly legal deed. Simplest way would be to execute and register a Deed of Correction.
Advocate of Builder has no role to play in whole process. This can be done by any advocate, as long as all the parties to erroneous deed agree about correcting the error and execute necessary correction deed and attend for registration.
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