In 1994 my mother gave me 88.50 cents (single document - no.411) and 150 cents to my younger brother (as 2 documents of 75 cents each - doc.no.3003 & 3004 respectively) as settlement deed from a single plot of 238.50 cents.
In the year 2000 myself and my brother executed a exchange deed (as doc.no.731) and exchanged our land as mentioned below.
1) I gave my full 88.50 cents to my brother as such in doc.no.411.
2) And in exchange, he gave the full 75 cents as per doc.no.3003 & 11.50 cents from the adjecent part of doc.no.3004, totalling 86.50 cents and gave cash for the balance 2 cents, for equalising the deal.
Therefore, as on year 2000, the status of the land as per doc.no.731 is :-
Myself : 75 cents (doc.no.3003) + 11.50 cents (doc.no.3004 - partial) = 86.50 cents.
My brother : 88.50 cents ( doc.no.411) + balance 63.50 cents in doc,no. 3004 = 152 cents.
In the year 2006 my brother sold the land in doc.no.3004 to his wife.
An error occured here.
As on 2006, the doc.no.3004 is not eligible for transaction and has already become a back document to the prevailing document executed in the year 2000 as doc.no.731.
My brother forget about the exchange deed executed in the year 2000. The reason for this is because, the whole land has only external boundary fencing and no internal boundary partition fencing was done at that time.
Instead of registering the eligible balance of 63.50 cents remaining, he registered the whole 75 cents as mentioned in doc.no.3004 and considering this document as the base.
What are the solutions for correcting this error?
How much Stamp Duty is required?
Regards - Soman R
23 -05 - 2012.