What is the step of deed rectification
TIRTHA MONDAL
(Querist) 09 November 2011
This query is : Resolved
In my deed,the quantity of my purchased land depicted as "25.6 decimal or 11,319sq.ft or 0.0259 of-on-acres".All the data are correct,but the data "0.0259 of-on-acres" is wrongly depicted where it would be "0.259 of-on-acres".Now,what step should I take?The District Sub-Registrar(D.S.R) is not willing to rectify this clerical mistake and talking that as my purchased land was recorded as 0.0259 acre,for registering 0.259 acres,I have to give again the Land Registration Stump duty about Rs.50,000 where I had given the full stump-duty of Rs.65,200/ and the total cost of land registration was 1 lakh and 5 thousand rupees against the land valuation of Rs.10,85,000/. what is the step of deed rectification?
jitender pawaria
(Expert) 09 November 2011
you go to sub-registrar office and submit fresh correct deed i.e. Tatima Deed.
prabhakar singh
(Expert) 09 November 2011
If "25.6decimal"=to11.319sqft=to 0.259 then stand of registrar is wrong.
In my understanding if so is the condition as understood and noted above by me and the vendor is agreed to rectification then a mutual rectification deed between seller and buyer should be drafted and presented before the sub registrar for registration and in case he refuses then he should be asked to pass a refusal order under section 71 of the Registration Act after which an appeal should be presented before the District Registrar[limitation being 30 days from the order under section 72 of the registration Act],and in case the District Registrar allows the appeal then such deed should be re presented before the sub registrar along with order allowing the appeal within 30 days from the order passed in the appeal BUT IN CASE THE DISTRICT REGISTRAR also refuses to register the Rectification Deed by dismissing the Appeal,THEN IN THAT CASE THE REMEDY WOULD BE TO FILE A CIVIL SUIT UNDER SECTION 77 JUST WITH IN THIRTY DAYS FROM THE ORDER DISMISSING THE APPEAL FILED UNDER SECTION 72 OF THE ACT.
NO OTHER COURSE EXCEPT ONE TOLD HERE LOOKS AS REMEDY IN ALTERNATE.
M V Gupta
(Expert) 10 November 2011
Yes. A deed of rectification may be executed by the vendor and the purchaser and submit it to the Sub Registrar for registration. The rectification deed attracts stamp duty as an agreeement and should be registered in the normal course. If the Sub Registrar refuses to register the deed file appeal as advised by Shri Prbhakar.
