RECTIFICATION OF INSTRUMENTS

Querist : Anonymous (Querist) 17 June 2010 This query is : Resolved
Sir,
I have purchased a land thro'registered sale deed. In this area mentioned is smaller than the actual due to the mistake commited in measuring the plot. Although intention of the seller is clearly expressed in the deed that I am selling entire land of this plot and nothing remained or neither me nor any of my heirs have nothing left and having no concern in this plot. Boundary mentioned is correct. The heir of the seller(is dead) is not ready to sign the rectification deed. So, how can I get it rectified thro' court?
Help me,
thanking all of You.

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SRIKANTH MYLAVARAPU (Expert) 17 June 2010
SIR
FILE A CASE AGANIST THE VENDOR AD VENDORS HEIRS REGARDING THE RECTIFICATION OF INSTRUMENT DEFINATLY UR PAYER WIL BE ACCEPTED BY THE COURT

adv. rajeev ( rajoo ) (Expert) 17 June 2010
File a suit for declaration and injunction against the concerned persons. When there is mistake in the document regarding the measurement always boundaries prevails.

Parthasarathi Loganathan (Expert) 17 June 2010
You need to establish the fact that a genuine 0mission had occured while measuring the land by the competent authorities.

Querist : Anonymous (Querist) 17 June 2010
Sir,
Thanks for prompt reply/guidance.
Is there any limitation of time period for correction, since the registered deed is more than 35 yr old, this discrepancy has been discovered recently, otherwise it would have been rectified much earlier. Vendor himself was very genuine person and we had paid far more than the market price. Also my father had helped him a lot financially in his bad day when he was being exploited. But his son is selfish and greedy. Has made a paper in collusion with revenue authority.

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