Partition deed rectification
Sridharan
(Querist) 17 September 2011
This query is : Resolved
In the year 1988 8 brothers have partitioned properties under a registered partition deed. 7 of them expired. Now in respect of the surviving brother, an error in the survey number of the property allotted to him is noticed, how he can rectify. The sub registrar refuses to register the rectification deed since it needs the execution by all the parties of the original deed. Now, is it enough for him to file a declaration deed? It is also learnt that declaration deed recorded in book 4 by the sub registrar and will not reflect in EC. What to do now.Now the problem is that. The surviving member made a declaration deed and my friend has given advance and on perusal of the document he has his doubts. The advocate for the surviving member says that declaration deed is enough since he was in possession from 1988 and any person claiming will be hit by limitation act? Is it correct, whether my friend can accept the explanation or he can walk out of the deal. Pl. explain.
Devajyoti Barman
(Expert) 17 September 2011
The Registrar is right.
The best thing would be to execute the rectification deed which definitely needs all the patties to set the doubt at rest for good.
Raj Kumar Makkad
(Expert) 17 September 2011
All parties to the original petition means legal heirs to the deceased persons. A dead person cannot come to contest any case. His legal heirs are duly empowered to represent their predecessors in interest. Rectification Deed can be got registered by registrar which shall save your time and energy if all legal heirs of deceased brothers are ready to execute it. If not only then file suit for declaration.
prabhakar singh
(Expert) 17 September 2011
If it is a case of consensus it can be gone through by heirs of those who are dead togather with one who needs it either by a deed of rectification or by a civil suit with compromise.
Advocate M.Bhadra
(Expert) 17 September 2011
You can rectify registered partition deed by the alive brother and legal heirs of the deceased brothers included all.Failing which you can file a suit for declaration in Civil Court with parties added the all legal heirs.
Shailesh Kr. Shah
(Expert) 18 September 2011
Execute rectification deed as advised by expert.
Sridharan
(Querist) 18 September 2011
I have modified my question. Can anyone help in answers.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
What about the heirs of the deceased brothers?
If everything fails, file for correction of the ROR. If not done, file a writ in the HC praying for the same.
