Recification deed

Querist : Anonymous (Querist) 18 December 2021 This query is : Resolved
My uncle purchased a property 10years
Ago recently he wants to gift the land to my wife in that process i found that an error of surway number my uncle sale deed
and out 5 persons 3 are deid remaining 1 person not trasable 1available to get rectify that error legal heirs of death persons are not trasable the sub registrar denied to recitify with one person what to do

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A property owner is facing issues with a rectification deed due to a survey number error from a sale 10 years ago. Some original sellers are deceased and their legal heirs are untraceable, leading the sub-registrar to refuse rectification. The advice suggests that original sellers or their legal heirs must execute the deed. If heirs are untraceable, a declaration suit in civil court is recommended to establish the correct survey number. Consulting a local lawyer for professional guidance is also advised.

kavksatyanarayana (Expert) 18 December 2021
The original sellers or their legal heirs must execute the rectification deed. Otherwise, the Sub Registrar cannot register your rectification deed. It is better to consult a local lawyer to file a declaration suit.

Dr J C Vashista (Expert) 19 December 2021
Show the document to a local prudent lawyer for better appreciation of facts/ documents and professional advise.

Advocate Bhartesh goyal (Expert) 19 December 2021
Only original sellers or in case of death of sellers their legal heirs can execute rectrification deed and if they are not traceable then you have to file declaration suit in civil court and get declared correct survey number.

J K Agrawal (Expert) 19 December 2021
get an affidavit from the survior or so much of surviors available. Get a separate deed of sale depicting the previous mistake also. as no other heirs are there not body will object. Get a will also from 1 uncle. Do not be worry. It will ok after one year. File a civil or revenue suit for declaration. There are so many other ways also like file a simple boundary dispute suit showing yourself as owner of said land against the seller owners and get an degree of consent. It will estop the heirs of them in future. Show your self openly as owner of said land on some papers giving official copy to recorded owners. Law is in favor of you.

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