Significance of Boundary

Querist : Anonymous (Querist) 24 May 2010 This query is : Resolved
Sir,
A person intended to purchase a whole plot, Since he was wkg. outside, so he entrusted a friend of him to get it registered. Due to wrong measurement the area of the plot registered is smaller than the actual. But the boundary mentioned is correct. Possession too was transferred. Also in the recital portion intention of both parties are clearly mentioned. Consideration too was paid for the whole plot. Now plz. suggest how it will get corrected? Does boundary and recital portion is significant in this context?
Thanks to all.

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Devajyoti Barman (Expert) 24 May 2010
To remove any doubt or future complications regarding the actual area of the deed of conveyance it is advised to clear the doubt by executing a deed of declaration stating the actual area of land sought to be purchased. For this no fresh stamp duty is required.

Querist : Anonymous (Querist) 24 May 2010
Sir thanks for the kind reply,
Sir, what is deed of declaration and what I have to do for this?
Thanks

niranjan (Expert) 25 May 2010
Make rectification deed showing the actual area and get it registered.

B K Raghavendra Rao (Expert) 25 May 2010
As the sale deed has already been registered, you need to make a rectification deed and get it registered. Stamp duty is high and equivalent to fresh purchase value.

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