Deed of declaration

Thanigai Velan (Querist) 26 October 2020 This query is : Resolved
I am from Chennai. My father's sale deed has a minor mistake that is instead of 600 sqft vacant house site, it is mentioned as 600 sqft undivided share. In register Office they advised to go for deed of declaration by my father to correct the error. As previous owners not traceable. Is it correct way to proceed.? Any legal consequence in future wil arise. Please guide me.

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A property sale deed in Chennai mistakenly listed 600 sqft as an 'undivided share' instead of 'vacant house site'. The Register Office suggested a Deed of Declaration by the father to rectify this, as previous owners are untraceable. While possession of the specific plot is confirmed, seeking legal advice from a local lawyer is recommended to understand potential future consequences and ensure the correct procedure, possibly a rectification deed, is followed.

Isaac Gabriel (Expert) 26 October 2020
In whose enjoyment the proporety is. If no other signatories available,seek the help of revenue officials to record local enquiry based on whic correction coul be made.

Dr J C Vashista (Expert) 27 October 2020
Measurement of the plot is not in dispute, however, problem as stated by you pertain to its demarcation/ separation from other co-owners , isn't it ? It do not make any difference since you have been put in possession of specific plot of 600 sq. ft.
Even then if you feel something fishy, show the document of sale deed to a local prudent lawyer for analyses and professional advise.

Rajendra K Goyal (Expert) 27 October 2020
Show all related documents to local lawyer and discuss in detail.

P. Venu (Expert) 27 October 2020
Who are the sellers? It could be that the property was undivided!

kavksatyanarayana (Expert) 27 October 2020
You shall go for rectification deed. The declaration for the mistake shall be made by your father and it shall be ordered by the court concerned. Consult a local lawyer.

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