Rectification of gift deed after expiry of the donor.
Querist :
Anonymous
(Querist) 05 August 2018
This query is : Resolved
Father executes a gift deed for a piece of land in favour of elder son and daughter in the year 2000 at Barasat 24 Parganas north. Father expires in the year 2007. In 2013 the gift deed was taken delivery from Registry office by son and daughter. In 2016 before approaching the BL&LRO for mutation the clerk discovered that though the R.S. Dag is proper, the L.R.Dag mistakenly written as 23 instead of 26 and all other description of the property is ok.
As the donor is dead can the son and daughter being the legal heir rectify the deed by way of declaration? However, feedback from the registry office is that Dag no. cannot be rectified, moreover when the donor is dead.
Can the son and daughter approach the WBLRTT for a direction to bl&lro for mutation?and for a direction to the registrar to consider the case and register the declaration of son and daughter?
What other means are available to them, please suggest.
kavksatyanarayana
(Expert) 05 August 2018
All legal heirs of the deceased person can execute a rectification deed for a previouly registered deed. in your case, If your mother is alive, herself, you, your sister and if other legal heirs of your mother alive, then execute rectification deed for the mistakes to the previously registered gift deed in favour of you and your sister. consult an experienced Advocate of your area for drafting the deed without legal implications.
