Deed of rectification has to be executed as your wife is co owner of flat
2) her presence was necessary at time of registration of sale deed
Conveyance deed executed by one spouse
My query is related to a Conveyance Deed that we have executed upon the purchase of our house. While both my wife and I are the owners of the property (which is mentioned in the Conveyance Deed) at the time of registration, my wife was not able to be present. The Conveyance Deed was duly executed and contains the photographs, thumb impressions and signatures of the seller, myself and the witnesses. Our Bank has recently raised an objection and is seeking a Rectification Deed to include the photograph and signature of my wife as well. The bank's legal department refers to the Section 32A of the Registration Act of 1908. Is such a Rectification Deed required?
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
Yes it is required as both parties need to be present at time of registration if your wife is not well she can give a poa but all parties to any contract for sale of immovable property needs to sign and present for registration.
Take a power of attorney if your wife cannot remain present.
Dear Cleint,
In joint ownership, both have to be present or wife executed POA in favor of husband to act on her behalf, If no such thing done, than rectification.
And in case of POA too, pic still paste and thumb by husband.
rectification will required.
If she is a co-owner if this property with you, she too ought to have signed the conveyance deed personally; unless she gave you a power of attorney for this transaction.
It is advisable that you carry out a rectification deed.
Yes rectification deed is required .
section 32A of registration Act says that the person in whom the property is being transfered must be present there at sub registrar office at the time of transfer or if he is not present than POA holder of that person.
Hi, if the conveyance deed is made on your wife name as a co-owner , then it holds a clear title and there should be no doubts relating to title over the property .. However , if bank officials are still insisting you can execute a rectification deed or can obtain a declaration from court ..For further legal assistance you can visit at my office in Distt courts , Gurgaon
Yes, it is required, and they have suggested you very rightly.
Rectification deed is required if omit something, but subject to the averments also.
It won’t cost you much also.
If your wife was a joint purchaser then she need to have submitted the photographs and should have signed in the papers.
The suggestion to execute a registered rectification deed is a better option.
You may approach the seller for this and get it done soon.
Hi, your deed perfectly valid. But if the bank is asking to rectify the deed to disburse the loan amount, then you have no choice. You have to execute the request reification deed.
Yes there is no harm in signing such a rectification deed
You can also request the bank to accept an affidavit from your wife or a joint affidavit from you both
32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.]
As per this your wife's photographs, fingerprint, should be affixed to the document.
