Sale deed correction
Net
(Querist) 09 December 2014
This query is : Resolved
Hello Repsected experts,
My late father had purchased a property in 1988, and registerd the sale ded the same year, Taxes, khatha, EC and betterment charges , building plan is all up to date with the authorities. However the issue with sale deed is:
1- The geographical directions mentioned in the schedule are wrong. ( i.e. what had to shown in the east, has been shown in the north etc...)
2- The sale agreement also has the same mistake
3- Buyer , Seller and the witnesses for this land transaction are not alive.
How can I rectify the sale deed now?
Your advise will be highly appreciated.
Thank you
ROHIT SHARMA
(Expert) 09 December 2014
1. You can file a civil suit for rectification of such error u/s 26 of the Specific Relief Act, 1963.
2. A layout plan obtained from the District land Record office can be produced as evidence of the error.
Net
(Querist) 09 December 2014
Thank you for your response.
Currently the Khatha related to this land has been cancelled by BBMP as the neighbor has raised objections and we have challenged the same in the high court.
So will I be able to still go ahead file a civil suit on the rectification of the sale deed?
Devajyoti Barman
(Expert) 09 December 2014
The mistake is not so damaging that you have to go for tardy legal proceeding.
in any case you can ask legal heirs of both parties for execution of deed of rectification.
V R SHROFF
(Expert) 09 December 2014
Agrees with Shri Barman.
NO NEED, AS IT WILL NOT BE CHALLENGED.
Rajendra K Goyal
(Expert) 09 December 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 09 December 2014
For a rectification deed you dont have to g behind Khatha, once your suit is decreed as prayed for, you may apply for fresh khatha as per the rectified check boundaries.
