Rectification of sale deed.

R.Varadarajan (Querist) 21 February 2012 This query is : Resolved
my friend purchased an individual house in chennai in 2000.The sale deed was registered and in that sale deed it was mentioned in the Schedule 'A' property full extent and
in schecule 'B' property(Conveyed)inadvertently as 1/2 undivided share of right in the land and extent of building.He wants to rectify and get it registered now with the acceptance of the then seller.
Whether it could be done now(after 12 years.)
If so what would be stamp duty to be paid. The sale consideration then was Rs.500000/
If not, what would be the alternative.
Varadarajan

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Ghanshyam Prasad (Expert) 21 February 2012
Time is no bar for rectification.it is done on j.stamp of nominal value.

kranthi kiran (Expert) 21 February 2012
Rectification can be done with consent of both parties. But, if in the earlier sale deed, stampduty is not collected on the whole extent or if the extent differs from the ealrier deed, the Registration Authorities demand for stamp duty onthe excess land now shown in the Rectification Deed

Adv.R.P.Chugh (Expert) 21 February 2012
Concuring with what has been said above, even in the cases where the other party does not consent - rectification can be claimed by resort to S.18/26 of the Specific Relief Act, 1963 - in cases of mutual mistake - in the expression of the document.