• Typing error of cheque no noticed after sale deed

Post registry one of the sellar fount his account no was wrongly mentioned on cheque issued by the loan account of tata capital,
Bank ensured new cheque to be released, does this required a rectification deed, 
Sellar is not local and not co operating.
Please advise
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

Advisable to execute deed of rectification as cheque number is wrongly mentioned

Issue seller legal notice to execute rectification deed

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

1.Since memo of consideration is essential to make valid deed of conveyance it is advisable that the mistake is corrected.

2.hence I would suggest to get a deed of rectification done to incorporate correct information.

3. Making deed of rectification entails minimum costs.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Once sale deed is duly stamped and registered any changes can be made only by rectification deed

rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.

The requisite stamp duty and registration charges should be paid as per the laws in force in the State

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

You can get an affidavit from him that the said correction has been made.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If the new cheque has been issued and honoured by the bank on presentation then no rectification deed is required to be executed.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

What is your problem, if the account number has been as error, it can be rectified by issuing a fresh cheque or making a correction in the cheque itself and properly attesting it,

You dont need to correct the cheque number in the registered sale deed.

This will become a dispute only when the vendor disputes about the payment, hence dont be concerned about it so much.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Is there any other way to move forward, apart from rectification deed

For correcting the cheque number no rectification deed is required, just issue a fresh cheque and solve the issue, the sale deed with the previous cheque number is also valid, unless there is no dispute about the payment, there is nothing to be worried about it to this extent

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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