If you are stuck in such a situation, here is what to do.

Mr. Verma and his family invested their life savings into a piece of land in the city of Aloknagar, where they built their dream home. Years later, while applying for a loan, they discovered a critical error in their sale deed: the document incorrectly stated the property’s front-facing direction. In reality, their house faces east, but the registered deed mentioned it as north.

Their lawyer advised them to execute a “Rectification Deed” to correct this clerical error. This requires the signatures of the original sellers, Mr. and Mrs. Kapoor. However, when the Vermas approached the Kapoors, they were met with an unethical demand. The Kapoors refused to sign the rectification documents unless the Vermas paid them an additional ₹75,000. This has put the Verma family in a distressing legal bind, where they are being extorted to correct a mistake they did not cause.

Advice in such cases

Facing such a predicament can be daunting. The seller is legally and morally obligated to cooperate in rectifying a mutual mistake in the sale deed. Their demand for extra money is illegal. Here is a step-by-step guide:

• Gather All Documentation: Collect the original sale deed, any correspondence with the seller, property tax receipts, and any survey maps that show the correct orientation of your property.
• Send a Legal Notice: The first formal step is to have a lawyer send a strong legal notice to the sellers. The notice should detail the error, state their obligation to sign the rectification deed, and warn them of legal consequences, both civil and criminal, if they fail to comply or continue their demand for money.
• File a Civil Suit: If the sellers do not comply after receiving the notice, you can file a civil suit in the appropriate court. This would be a “Suit for Rectification of Instrument” under the Specific Relief Act, 1963.
• Consider a Criminal Complaint: The demand for money to perform a legal duty amounts to extortion. You can file a police complaint against the sellers for attempting to extort money.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Your case would primarily be governed by the following laws:

• The Specific Relief Act, 1963: Section 26 of this Act specifically deals with the rectification of instruments. It allows a party to sue for the correction of a document if, through mutual mistake, it does not truly express the real intention of the parties. The court can direct the instrument to be rectified to reflect the original intent.
• The Indian Contract Act, 1872: The principles of contract law support your case, as the original agreement was for the property as it exists in reality. The error in the deed is a mistake that needs correction for the contract to be properly fulfilled.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): The seller’s act of demanding money under threat of not signing the documents falls under the definition of extortion. Section 321 of the BNS defines extortion. A police complaint can be lodged under the relevant provisions for punishment of extortion.

If you are the complainant

As the buyer (complainant) facing this issue, you should take proactive and legally sound steps:

• Do Not Give In to Demands: Never pay the money being demanded. Paying would encourage such illegal behaviour and would not guarantee their future cooperation.
• Document Everything: If the sellers have made the demand via text, WhatsApp, or email, save these as evidence. If the demand was verbal, try to have a witness present in future interactions or record the conversation (subject to admissibility).
• File a Suit for Rectification: Your primary remedy is in the civil court. Your lawyer will file a suit asking the court to order the rectification of the sale deed. The court’s decree is sufficient to get the records corrected at the sub-registrar’s office, even without the seller’s signature.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Being a victim of such tactics is stressful. Here is how to handle the situation to protect your rights and property:

• Secure Your Documents: Keep all your original property documents in a safe place. Make multiple digital and physical copies.
• Avoid Direct Confrontation: Let your lawyer handle all communication with the sellers. Engaging with them directly may lead to heated arguments and complicate the matter.
• Follow Legal Advice Diligently: The legal process is your strongest ally. Trust the process and the advice of your legal counsel. Do not take any shortcuts or fall for any misleading promises from the other party.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Often, the police may initially perceive such cases as being of a “civil nature.” They might be hesitant to file a First Information Report (FIR) for extortion and may advise you to approach the civil court first. However, this is not always the case. If you approach them with a well-drafted complaint prepared by a lawyer, clearly outlining the criminal element of extortion, they are more likely to take action. If the police refuse to register an FIR, your lawyer can file an application before the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking a direction for the police to register the FIR and investigate the matter.

FAQs people normally have

• Can the seller legally demand money to correct a mistake?
  No. It is illegal and amounts to extortion. They are legally bound to help rectify a mutual mistake in the deed.
• Will I lose my property due to this error in the deed?
  No, you will not lose your property. Your possession and the original intent of the sale protect you. The error is clerical and can be corrected through a legal process.
• Is a court case the only option?
  If the seller refuses to cooperate after a legal notice, a court case is the most effective and definitive solution. The court’s order will be binding and will resolve the issue permanently.
• Can this affect the future sale of my property?
  Yes, an uncorrected error in the deed can create problems when you try to sell the property or take a loan against it. That is why it is crucial to get it rectified.

What evidence is required?

To build a strong case, you will need:

• The original registered Sale Deed containing the error.
• Proof of the actual property details, such as a report from a certified land surveyor or an architect’s plan.
• The draft of the proposed Rectification Deed.
• A copy of the legal notice sent to the seller and the postal receipts.
• Any evidence of the seller’s demand for money (e.g., text messages, call recordings, emails, or witness testimony).

How long will the investigation take?

The timeline can vary:

• Legal Notice: The seller is usually given 15 to 30 days to respond to a legal notice.
• Civil Suit for Rectification: A civil suit can take time, ranging from a few months to a couple of years, depending on the court’s schedule and the complexity of the case. However, if the evidence is clear, the process can be expedited.
• Criminal Complaint: A police investigation timeline for an extortion complaint can vary. If directed by the court under Section 156(3) of BNSS, the process is usually monitored and more time-bound.

Advocate Sudhir Rao, Supreme Court of India