Rectification deed regarding
Sridharan
(Querist) 21 September 2011
This query is : Resolved
I have already asked this question which was kindly answered by experts but there are certain additions which I add now. A partition deed was made among 8 brothers and sister in the year 1988. 7 were dead now. Only one member is surviving. Now, in the partition deed a mistake in the survey number pertaining to the property given to the surviving member is found. Then the surviving member files a declaration deed in 2011. My friend gave advance for the purchase and has doubts. He consulted a lawyer who advised him not to purchase the property since he should go only for a rectification deed and not a declaration deed. If the other parties are expired, then he has to call upon the legal heirs of the deceased and he should then execute the rectification deed duly singed by the legal heris and registered in the subregistrar office. The lawyer also advised him not to accept a declaration deed simply signed by the surviving member. When my friend communicated this to the surviving member, he produced a opinion from his lawyer where he opines that declaration deed is enough since if any of the legal heirs claims anything in future, they will be hit by the bar as per Limitations Act. To this, my friend's lawyer has advised not to buy this argument since nothing can be predicted how litigation from the legal heirs will shape in this regard. My friend has already given advance of 1 lakh. The other party says that if he is not going to purchase, then he will refund only Rs. 50,000/- since in the conditions agreed to previous is in case if the buyer withdraws a sum of Rs. 50,000/- will be deducted. My friend's lawyer says all those conditions will be nullified if rejected on the grounds of defective documents and improper way of rectification of it. These thing need not be deduced in writing since as per law he has execuate only a rectification deed and he cannot force you to buy. What to do. Pl. advise.
M V Gupta
(Expert) 23 September 2011
I am in general agreement with the opinion given by your friend's Advocate. Any error in a registered document can be corrected by a registered deed of rectification. Mere deed of declaration will not do. Please call upon the vendor to get a deed of rectification executed and registered by all concerned parties as suggested by your friend's Advocate. Further it should be noted that the rights of the deceased parties would devolve on their respective heirs such as sons daughters etc. Better u get a legal notice issued through the advocate. If the vendors fail to comply, you may cancel the deal on ground of the failure of the vendor to make out a clear and marketable title to the property. You will entitled to get full refund of the money paid.
