Respected learned members of LawyersClubIndia.com Community,
Namaskar,
A super senior person has come up with a query. With your kind permission, the background of the matter is being furnished hereunder -
1. A person had sold two small plots of land to two persons (buyers were relatives of each other).
2. Buyers had to construct two shops on those small plots.
3. It was agreed that after construction, the roof rights will remain with the seller.
4. According to the agreed terms, two exactly similar Sale deeds were prepared, the paragraph for roof rights of seller was mentioned in them and Sale deeds were registered.
5. After about 20 years, the seller wanted to sell roof rights to someone.
6. For selling, certified copies of previous Sale deeds were procured for the first time.
7. On seeing certified copies, it was found that the buyers had committed fraud by deleting the paragraph of roof rights in one of the Sale deeds. Seller was kept in dark about it. Seller read only one Sale deed in the pretext that both Sale deeds were exactly similar.
8. So, now one Sale deed is silent about roof rights of seller (no mention of roof rights - neither yes, nor no). While the other Sale deed has clear mention about the seller withholding the roof rights.
Queries -
1. What are the options available to the seller for correction/amendment of the Sale deed for adding paragraph of roof rights in one Sale deed?
2. The seller is now 80 years old, sick and frail. He is living in Rajasthan. It is difficult for him to pursue the matter legally at the location of property in U.P. Is there any option to seek legal remedy in H'ble Sessions Court or H'ble High Court of Rajasthan or Delhi?
Any guidance and comments by the Learned Members are highly appreciated. Thanks.
