Sweet Sweet 27 December 2023
Seller is not agreeing to sign rectification deed for correcting wrong survey number and measurements of a plot in registered sale deed. Can the buyer file a declaratory suit before a court under Section 26 of Specific Relief Act 1963?
May I know how soon he can get the relief from court and what is the cost involved?
Also,who should borne the cost for rectification? As per the sale deed,vendor has promised to rectify the defect in the title. Please advise who need to borne the cost as per law.
T. Kalaiselvan, Advocate (Advocate) 27 December 2023
If the seller is not cooperating for executing the recrtification deed, then you issue a legal notice to him demanding the same as per the conditions of the sale deed, failing which you may inform him that he will implicated in a litigation to which he will be held liable for costs and consequences.
After that you can file a suit for specific relief to seek the court to direct the vendor to execute the rectification deed
Declaratory suit is not necessary and it will not be applicable to this situation.
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