Suit for Rectification of the sale deed
T.Srinivas
(Querist) 16 July 2011
This query is : Resolved
Respected experts,
my client purchased the 30*40 site way back in the year 1977, in the said sale deed the measurement mentioned as east to west 30 sq.feet and north to south 40 sq.feet instead of east to west 40 sq.feet and north to south 30 sq.feet,however in the sale agreement and mother deed mentioned the actual measurement, now i filed the suit for rectification of the measurement mentioned in the sale deed dated 1977, by way of injuction suit under section 47 of the karnataka court fee and suit valuation act, consequently judge was heard the limitation and nature of the suit and suggested me to it should file in declaration suit not for the injuction suit, in injuction suit he can't rectify the measurement mentioned in the sale deed, however after the hearing the suit, summons were issued to defendants.
now my question is whether can i rectify the sale deed measurement in the same injuction suit orelse should i file declaration suit. please send ur suggestion immediatley its very urgent.
KAMARAJ BHARATHY G
(Expert) 16 July 2011
Dear Sir,
As per Registration Rule, if the total extent and the parties of the transaction of the registered sale deed, then the registrar himself may rectify the mistakes done in the boundaries measurements. because, if there is any change in the extent or the name of the party the Registrar shall treat that rectification as a sale and he will refuse register the rectification deed.
In your case the total extent is not changed and the boundaries measurements only are changed. Hence, you can approach the Registrar himself to rectify the mistake or you can file a Suit for Mandatory Injuction to direct the registrar to register the rectification deed and declaration suit is not mandatory.
You can call me if you want more information.
KAMARAJ BHARATHY G
095971 39184
prabhakar singh
(Expert) 16 July 2011
question is whether can i rectify the sale deed measurement in the same injuction suit orelse should i file declaration suit. please send ur suggestion immediatley its very urgent.
YOU NEED NOT FILE A FRESH SUIT,JUST ADD ONE MORE RELIEF OF DECLARATION BY AN AMENDMENT.
T.Srinivas
(Querist) 16 July 2011
Respected kamaraj sir,
my prayer in injuction suit is "Rectifying the measurement of the schedule property and further to read as or declare the schedule property measuring east to west 40 ft and north to south 30 ft"
my humble querry is can i seek the prayer as u said by way of mandatory injuction by filing amendment application to amend the prayer as "Directing the sub registar to rectify the measurement or direct sub registar to register the rectification deed or directing the defendants to execute the neccessary rectification deed" in the same said injuction suit.
