Recitification deed with respect to measurement

This query is : Resolved 

Querist : Anonymous (Querist)
27 February 2011

Hi Experts,

My friend's father had purchased a site vide GPA, agreement in 1995, were paying taxes since then & subsequently in 2002 got the Katha(Holders).
Later the executant expired in 1999, post which in 2006 a sale deed was executed by the original executants wife in fathers name.
Post which construction was done by availing a bank loan.
In 2009 my friends father expired and now due to financial crisis they intend to sell the property.
The concern is the measurement in Sale deed is wrongly captured less by 150 sq.ft

Query is :

1)Should a rectitification deed be done by the originals executant wife in favour of any nominee from my friends family? OR
2)Should a fresh sale deed be executed to the left out extent, i.e 150 sq.ft?
What would be the best deed in the above circumstances

niranjan (Expert)
27 February 2011

Rectification deed can be executed in thename of all the heirs of purchaser.

Adv Akhtar Ali Sheikh (Expert)
28 February 2011

the 2nd option.

Shashikant Patil (Expert)
28 February 2011

Since it is not only a question of executing rectification deed because as per area metioned in earlier sale deed you have already paid less stamp duty to the Govt. Now you want to buy additional 150 sq.ft area for which you have to pay stamp duty and therefore you have to execute a sale deed for this left over.

Uma parameswaran (Expert)
28 February 2011

Take Measurement of the property and make sure about the measurement.Only typographical errors can cured by rectification deed .

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