Guidance

Chakravarthy (Querist) 11 April 2014 This query is : Resolved
Dear Experts
We have sold our house recently and retained the original document with us and the buyer document has this recital; “Since the shop is not sold to the buyer, the seller retains the original document and a zerox copy was given to buyer”; the said property was acquired through family settlement deed. Our original document has three schedules: Schedule I is house, II is Shop and III is rights in the common passage, out of which house and common passage rights are conveyed.
The question is how to delete these two items in our original document and retain the shop only? We have given zerox copy of our settlement deed and the buyer has given us a zerox of his new document.
This transaction is in Tamilnadu.
Thanks in advance.

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Guest (Expert) 11 April 2014
Nothing from original document can be changed or cancelled. A new settlement deed would be required to be entered in to by making a mention of sale of the part of the property and other things pertaining to the shop and the common passage with clear mention of the original settlement deed to be abrogated from the date of signing of the revised settlement deed making the original deed as a part of the new setlement deed.