Pam (partner) 18 April 2014

Sale deed correction

sir

plz help

my father had brought a plot in karnataka in 1992 measuring 3.5 Guntas but in sale deed it is mentioned as 1.5 Guntas. in all other documents like records of rights, Layout plan, PT sheet and physically also it is 3.5 guntas.

now the earlier owner is refusing to go in for correction deed as he says he was only POA holder for his 5 brothers and they have revoked his POA.

i have no indepentent way to verify this as hios brothers were all scattered and its 22 years now.

so whats the LEGAL COURSE OF ACTION for me now

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 April 2014

the recourse is to file a suit before a competent court under section 26 of Specific Relief Act 1963. The said section provides for relief to parties facing the problem stated above, where the real intention of the party is not properly reflected in the documents executed because of a bonafide mistake of fact or fraud, whereby either the party or his representative may institute a suit to have the said deed rectified.
The said section also empowers the courts to direct the rectification of an instrument, if the court satisfied that the deed does not express the real intention of the parties. In such cases the original deed may be first be rectified and then the parties claiming rectification should seek sanction of the court to such rectification in his pleading and if the court so thinks fit, the same may be specially enforced.