Cheque number mismatch in sale deed
Question: A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.
There is no contention concerning the payment of consideration. Although the sale deed contains incorrect cheque numbers, if the account into which the RTGS payment was made has received the full consideration, regardless of the cheque numbers specified in the sale deed, the seller cannot deny that the consideration has been partially paid.
There is no requirement to rectify the sale deed through the submission of a notarized statement or by initiating a civil suit under Section 26 of the Specific Relief Act.