Deed of sale
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
In a deed of sale area of land provided in schedule is incorrect; how it could be rectified?
ajay sethi
(Expert) 10 November 2011
execute a deed of rectification
Querist :
Anonymous
(Querist) 10 November 2011
Thanks Mr. Sethi. But an instrument could be rectified by a registered instrument only. As per Stmap Act there is no existance of any "Rectification Deed".Does a DEED OF RECTIFICATION or DEED OF DECLARATION really has any legal existance?
Raj Kumar Makkad
(Expert) 10 November 2011
Deed of rectification is a legal term and you should get it registered mentioning therein all details of previous sale-deed.
Advocate M.Bhadra
(Expert) 10 November 2011
By executing a Rectification Deed you can rectify the Schedule of the Property on nominal charges.
n.k.sarin
(Expert) 10 November 2011
Agree with the expert
prabhakar singh
(Expert) 10 November 2011
Are you a lawyer??
What is wrong with your deed???AREA0.295 case.
i guess i have dealt your earlier query then you have come anonymous.
Rectification !!!
prabhakar singh
(Expert) 11 November 2011
Specific Relief Act, 1963
CHAPTER III : RECTIFICATION OF INSTRUMENTS
26. When instrument may be rectified
(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956), applies) does not express their real intention, then-
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed:
Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.
prabhakar singh
(Expert) 11 November 2011
REGISTRATION ACT, 1908
PART XII : OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on grounds other than denial of execution
(l.) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.
76. Order of refusal by Registrar
(1) Every Registrar refusing-
(a) to register a document except on the ground that the property to which it relates does not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or
(b) to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2 and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar
(1) Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his representative, assignee or agent, may, within thirty days after the making of the order of refusal, institute in the civil court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit.
Shailesh Kr. Shah
(Expert) 11 November 2011
Mr. Prabhakar Singh explained with relevant provisions of law.
Devajyoti Barman
(Expert) 11 November 2011
Execution of deed of rectification should be the remedy.
