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Mahesh   19 February 2016

Is self rectification deed is valid ?

Hi All,

In the Sale Deed, The Schedule of the property is having mistake

Actually its  North to South is 30 feet  And East to West  is 40 Feet But in the Sale deed its written wrongly as  North to South is 40 feet  And East to West  is 30 Feet,

Rest all the property schedule is ok, Ie details of Left side property , right side property details, back side property details and East side road details are entered correctly. Infact this property was alloted by BEL Society and registered to first person and the first person has a proper schedule. But while executing second person sale deed above said mistake has happend.

I ask with one of my the property register dealer he said 2 option

1)  Rectification Deed to be done by the original seller and current owner for the correction

2) Self Rectification Deed, Where the current owner will do the self rectification in front of sub register and then     Enter the self rectification details in the new Sale Deed.

 

Now the my question  

1)  Is it legally right to get the self rectification done and then get sale deed done.(Since the current owner is not ready to get the rectification deed done form the original owners, since he fears that original owners might again ask for money since he brought at very less rate 10 years ago

2) Will i have any problem during the selling this property in future since since rectification done was Self rectification instead of the correct rectification deed.

3)  One of the Lawyer told that Self rectification deed does not have any legal value, It can be just used as a document but does not give you rights in the court..

 

Please help me in clarification, thanks in Advance for prompt answers.

Thanks and regards,

Mahesh



Learning

 1 Replies

Mahesh   19 February 2016

Hi All,

 

I missed one more point that the owner is untraceable and I could not get a hold on old owner. Hence I have plan to execute Self Rectification deed.

Is this legal and answer my above queries.

 

Thanks,

Mahesh


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