Rectification deed for settlement deed
Anwaar Mohammed
(Querist) 11 January 2015
This query is : Resolved
Dear Sir,
I am final year law student of Madras Law College. I request your valuable proper guidance to proceed further in the following matter. My father executed a Settlement deed of a property in Madras in my favour during the year 2011.
On receipt of the Settlement Deed I approached the Tahsildhar Office for Patta. The officials of the Tahsildhar office came inspoez, surveyed the settled property. On verification of the Settlement Deed, they have informed that the Survey Number as per their record is 100 and not Survey No. 101 as stipulated in the Settlement Deed of 2011. It is pertinent to mention here that my father at the time of settling the property all the documents from 1919 onwards, in all these the documents the Survey No. has been mentioned as 101. The Tahsildhar office refused to issue patta and instructed me to furnish Rectification Deed, after that only the revenue records will be changed and patta issued.
When I approached the Sub-registrar, to execute the Rectification Deed with format, but he refused to accept the rectification deed and suggested to execute a cancellation deed of the Settlement Deed already executed during the year 2011 and to execute a fresh Settlement Deed by my father with change in the Survey No. as 101 and to pay full stamp duty of Rs. 25,000/- Plus Rs.4,150/-.
I request your good self to kindly guide me whether there are any Law, in the Registration Act, and the Rules framed thereunder or orders of Tamil Nadu Government to execute rectification Deed on nominal stamp duty and charges in the Settlement Deed, to the extent of Survey No. only.Or whether my father has to execute cancellation deed and execute fresh Settlement Deed in my favor.
I request your early reply.
Thanking you,
Yours sincerely,
Faiz Mohideen.
Guest
(Expert) 11 January 2015
Dear Author,You Could Request the Concerned Registrar to give the Reply in Writing.Your work will be done.
Anwaar Mohammed
(Querist) 12 January 2015
Dear Sir, Thanks for your immediate response. I have tried asking the same in writing, but he refused.
Guest
(Expert) 12 January 2015
Dear Author,Send him a Registered Letter Asking the Same and after fifteen days meet him and he will do it.
ajay sethi
(Expert) 12 January 2015
if there is mistake in survey nos mentioned in settlement deed of rectification should suffice . it is not necessary for your father to execute cancellation deed and then fresh settlement deed.
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
A rectification deed rectifying the wrong survey number alone can be sufficient for this purpose, if the registrar is not cooperating you may serve him with a legal notice demanding him to oblige with your requirement, consult a local lawyer and proceed as per advise.
