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prabhu   07 December 2017

Mistakes in settlement deed

my uncle( my fathers elder brother) doesnt have childs , from the childhood onwards i brought up with him, he gave his share in anceshtrol property (agricultural land)  to me by settlement deed.

land details as folows

Ancestrol property

10 acre ( my uncle gave 5 acre on his share to me).

my father has a son( me) and 4 daughters. he gave his share (5 acres) to me and his daughter by settlement deed. but in my father settlement deed he mentioned the same survey number which  is already wriiten by uncle to me.

example:

survey number 12/5 has 2 acre of land ( my uncle and my father have 1 acre each)
my uncle gave 1 acre to me and my father wrttien remaining 1 acre to me and again my father gave 1 acre to his daughter in the same survey number.

both my uncle and aunt are died. my father is alive 

is the settlement deed written by my father valid?
can we rectify it now? If yes then all parties in settlement deed should agree for rectifying/ cancecelling deed?



Learning

 1 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 December 2017

The settlement deeds executed have to be referred.  however there is possibility that a survey number will have some acres of land.  If your father and uncle have separate pahani/adangal/with separate names, then that survey number must be divided. for example the Survey No. is 2/5, then it will  be divisioned as 2/5-a, 2/5-b, and 2/5-c like wise. so consult local lawyer with the documents and other paper if any.


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