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Gunreet   15 February 2023

Alternatives for rectification deed

What are the alternatives in case a rectification deed was not done?

Is a mere Self-Declaration enough to register a property in question in the name of the purchaser?



Quick Summary
This discussion explores alternatives when a rectification deed isn't feasible for property registration. It questions the validity of a buyer's self-declaration, especially when the seller's whereabouts are unknown, as is permissible in Andhra Pradesh under certain conditions. An alternative suggested is filing a declaratory suit. The user also details a specific case involving ancestral properties, a mistaken sale deed referencing the wrong property unit number due to a seller's self-declaration made under influence, and concerns about municipal records being altered favouring the buyer.

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 February 2023

In Andhra Pradesh, at present, when the whereabouts of the original seller or his/her legal heirs are not known then self-declaration of the buyer is sufficient.

Dr J C Vashista (Advocate)     16 February 2023

A declaratory suit has to be filed and decreed as alternate to rectification deed.

Gunreet   16 February 2023

Thank you for the reply.

Actually, we owned 2 ancesteral properties across the same street. My father sold a part of one of the propertes (A) to pay off a loan to an acquantaince of a very good friend of his (the friend was in possesion of our other property (B) on rent). Both properties are under the Municipal Commitee jurisdiction (lal dora). My father was made to sign a self declaration under the influence of alchol which has vague references made to the fact that by mistake the Property Unit numbers of property 'A' were written on the sale deed instead of property 'B'. The Muncipal Committee has changed (person incharge of transfering is a vary good friend ofother party, and known for giving undue favours to them) the names in their records as per the Self-declaration but the papers have no submition Date (verbaly claimed to have been submitted in 2021) mentioned and no passing signatures from the EO.

In this case, what is the value of a self delaration from the seller, when he could very well make a rectification deed or a correction deed, as the other parties are actively involved in property dealing business? They could not have missed such an important point while making the original deed, when the truth is that the part sold was actually sold in three diffrent sale deeds across a period of 4 years each time mentioning the same Unit number(claimed to be wrong). 


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