Rectification Deed
Querist :
Anonymous
(Querist) 28 February 2011
This query is : Resolved
Dear all,
I have the following query, I am planning to buy one site. Which has all proper deeds with it.. How ever in sale deed of my seller, First page property decription is proper, in the second page when property flow is describer instead of 154/2 which was old survey No, 154/2B which is new survey number is shown, and in the schedule of property also the property description is proper. Does this need rectification ? please answer.
In breif
in 1970 Survey No 154/2
in 2004 Survey No is divided into 154/2A and 154/2B,
site is in survey No 154/2A
First page of document says site xx at survey No 154/2A schedule says site xx at Survey No 154/2A but in the property flow document its shown as bought suvery No 154/2B in 1970. it should have been 154/2 bought in 1970.. Does this need rectification ?
Thanks
Sachin Bhatia
(Expert) 28 February 2011
Better to get the opinion of local advocate on this point.
Bhushan V. Kale
(Expert) 28 February 2011
In my opinion, correction is necessary. The document becomes ambiguous because of the error.
Querist :
Anonymous
(Querist) 28 February 2011
Hi Mr Bhushan and Sachin..
Thanks for the reply..
When we look into the document and all deeds, it clearly shows as appears as typing error, More over the concerned party is not ready to give a rectification, as he is asking too much money. What can be done please suggest, All other documents are perfect except this one.
Bhushan V. Kale
(Expert) 28 February 2011
Please verify the property card of the property. If it is correct, then no need of worry.
However, the defect of your title deed will remain as it is.
niranjan
(Expert) 28 February 2011
If the seller has given you copy of his document and if in that document old survey no. is shown you need not worry.
Querist :
Anonymous
(Querist) 01 March 2011
Hi Niranjan and Bhushan thanks for the answer.. I obtained a certified copy of the deal done in 1970, in 1970 deed survey no is 154/2. In my sellers sale deed while referring to sale deed done in 1970, survey no is shown as 154/2B, its a simple typing error, does this really need to be rectified ? Can I buy the property with this type error as it is ?
Note: In 1995 survey no 154/2 is divided into 154/2A and 154/2B
