PURUSHOTTAM JOSHI 13 June 2022

Deed rectification due to mother dead has wrong measurement

I bought a land 22 years back with registration of 30X40 measurement and got SBI loan for construction. Now I am planning to sale the land+ house, document copy gave to the buyer for legal point of view. He observed that in the mother dead has 40X40 and current dead has 30X40 (my dead) but statement has made in my deed as 10X40 left with the Owner on west side. Because of the statement in my deed, buyer is saying as there is no evidence of land availability on the ground as per the layout plan actual measurement is 30X40 only he is not willing to purchase. So I approached Previous owners for rectification. With in this 22 yrs period land value increased 20 times. So they demanded very huge amount for rectification. After discussion with one of the deed writer he advised to take self rectification deed. Please advice how to move forward on this.

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2 Replies

Anila Sabu 25 June 2022

Dear Querist,

A self-ratification deed is not possible as it will not be considered valid.
Now, there are a few ways you can handle this dilemma.

Firstly, if you can find a purchaser who is willing to by the 30*40 land and house with this minor defect in the documentation. If so then the need for ratification goes away altogether. As it is usually during the appeal for construction permissions where wrong document descripttions come in the way, but in this situation, you have already finished the construction work.

However, if this method does not work out you must go for a ratification deed. This cannot be completed without the signature and presence of the seller.

With regards to the charges, only a fee of Rs. 100 needs to be paid in order to get the deed registered and in the case of any major change the office may demand a slightly higher stamp duty.

PURUSHOTTAM JOSHI 25 June 2022

I went to sub register office and did self rectification dead mentioning both my sale deed number and mother dead number and mentioning as per the ground reality and layout plan as such there is no 10x40 land. Is this not a legal document?

Thank you so much for your help.