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praveen kumar (nil)     22 October 2009

Rectification deed concerning survey number

Hi all,

My property in walajabad(near Kanchipuram) has its survey number changed.  I know i have to prepare a rectification deed in order to correct this mistake. 

Kindly let me know what should be the documents carried by both the parties at the time of the registration.  Also let me know the correct procedure for the same.



Learning

 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     22 October 2009

sufficient proofs to say your doc are wrongly entered the survy no. and other identity proof and vedor.

aruntrivedi (lawyer)     23 October 2009

I give hereunder one draft of rectification deed you can use it after suitable changes:

DEED OF RECTIFICATION

 

This Deed of Rectification made at Ahmedabad on This 06th day of October, Two Thousand Six, BETWEEN “M/s. ARIHANT INSTITUTE”, a partnership Firm, through its Authorized Partner – SHRI VINDOBHAI K. KAMDAR, adult by age, Hindu by religion, Business by Occupation, Indian Inhabitant, address at 403, Saumya Complex, 5, Kalpana Society, Navrangpura, Ahmedabad - 380 009, hereinafter called “THE OWNER” (Which expression shall unless it be repugnant to the context or meaning thereof by deemed to include its Partners as at present and from time to time and their respective heirs, legal representatives, and successors of the last surviving partner/successors and assigns) of the “ONE PART” AND “ACHYUT DEVELOPERS PRIVATE LIMITED”, a Private Limited Company, duly incorporated under The Companies Act, 1956 having its Registered Office at G/7, Bhaskar Flats, Naranpura, Ahmedabad – 380 013 through its Directors (1) Shri Kirti R. Patel and (2) Shri Nikhil J. Patel, hereinafter called “THE DEVELOPERS” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its Directors, Share Holders as at present and from time to time and its successors, assigns) of the “OTHER PART”.

 

1)                   That the Owner is seized and possessed of or otherwise well and sufficiently entitled to an immovable Property bearing Plot No. 2, admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) in “NAVINPARK CO-OPERATIVE HOUSING SOCIETY LIMITED” forming Part of Revenue Survey No. 36, 37/1 and 37/2, Town Planning Scheme No. 19, Final Plot No. 38 and 40, situated lying & being at Mouje USMANPURA (Sim), Taluka CITY, and District AHMEDABAD, and Registration Sub-District AHMEDABAD – 2 (Wadaj).

 

2)                               That the owner had entered into Agreement For Development – Cum – Sale of the Property bearing Plot No.2, admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) paiki 74.64 Sq. Mtrs (with the rights to construct 3 Shops on Ground Floor & 3 Shops on First Floor as per construction Plans approved by A.M.C.) in “NAVINPARK CO-OPERATIVE HOUSING SOCIETY LIMITED” forming Part of Revenue Survey No. 36, 37/1 & 37/2, Town Planning Scheme No. 19, Final Plot No. 38 & 40, situate lying & being at Mouje USMANPURA (Sim), Taluka CITY, in the District AHMEDABAD, AND registration Sub-District AHMEDABAD – 2 (Wadaj) duly registered under the Serial No. 2807 dated-13/05/2004 at the office of Sub-Registrar, Ahmedabad-2 (Wadaj) more particularly described in the schedule there under.

 

3)                   From a perusal and verification copy of the Agreement for Development – Cum – Sale it is found that Description of Property has been wrongly mentioned in the schedule of property such as Plot No. 2 admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) Paiki 74.64 Sq. Mtrs (With the right to construct 3 Shops on Ground Floor & 3 Shops on First Floor as per construction plans approved by A.M.C.) instead of Plot No. 2 admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) paiki undivided  42.00 Sq. Mtrs share in land (with ownership rights and rights to construct 3 Shops admeasuring 110.42 Sq. Mtrs (Built-up area) on Ground Floor as per Construction Plans approved by Ahmedabad Municipal Corporation).

 

4)                   And accordingly the Developer has requested to the Owner to execute this Deed of Rectification with a view to rectify the said mistake and to incorporate a correct description of schedule of the said property.

 

Now this deed wetness that pursuant to the said deed and in consideration of the premises the Owner doth hereby admit that the correct description of Schedule of the said property is hereunder written and it is agreed by and between the parties hereto and the same shall be read as the schedule to the said Agreement for Development – Cum – Sale and said Agreement for Development – Cum – Sale shall be deemed to Develop the said property described in the schedule hereunder written and subject to what is stated above the parties hereto confirm the said Agreement for Development cum Sale.

 

IN WITNESS WHEREOF the parties hereto have put their respective signatures seals the day and year first herein above written.

 
THE SCHEDULE ABOVE REFERRED TO

DISCRIPTION OF PROPERTY  AS PER AGREEMENT FOR DEVELOPMENT – CUM - SALE

 

ALL THAT PIECE AND PARCEL OF Plot No. 2, admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) Paiki 74.64 Sq. Mtrs (With the rights to construct 3 Shops on Ground Floor & 3 Shops on First Floor as per Construction Plans approved by A.M.C.) in “NAVINPARK CO-OPERATIVE HOUSING SOCIETY LIMITED” forming Part of Revenue Survey No. 36, 37/1 & 37/2, Town Planning Scheme No. 19, Final Plot No. 38 & 40, situate lying and being at Mouje USMANPURA (Sim), Taluka CITY in the District AHMEDABAD, and Registration Sub – District AHMEDABAD – 2 (Wadaj), and the Plot No. 2 is bounded as follows :-

 

                        ON EAST       :-          Adjoining Property,

                                    ON WEST    :-            T. P. Road.

ON NORTH :-           Plot No. 3 of Navinpark Society,

ON SOUTH :-            Plot No. 1 of Navinpark Society,

 

THE SCHEDULE ABOVE REFERRED TO

(As per Rectification)

 

ALL THAT PIECE AND PARCEL OF Plot No.2, admeasuring about 366.64 Sq. Mtrs (equivalent to 438.50 Sq. Yards) Paiki undivided 42.00 Sq. Mtrs share in land (with ownership rights and rights to construct 3 Shops admeasuring 110.42 Sq. Mtrs (Built-up area) on Ground Floor as per Construction Plans approved by Ahmedabad Municipal Corporation) in “NAVINPARK CO-OPERATIVE HOUSING SOCIETY LIMITED” forming Part of Revenue Survey No. 36, 37/1 and 37/2, Town Planning Scheme No. 19, Final Plot No. 38 and 40, situate lying and being at Mouje USMANPURA (Sim), Taluka CITY in the District AHMEDABAD, AND Registration Sub – District AHMEDABAD – 2 (Wadaj), and the Plot NO. 2 is bounded as follows:-    

                        ON EAST       :-          Adjoining Property,

ON WEST    :-            T. P. Road.

            ON NORTH :-           Plot No. 3 of Navinpark Society,

                        ON SOUTH :-            Plot No. 1 of Navinpark Society,

 

SIGNED SEALED AND DELIVERED BY THE WITHINNAMED OWNER - M/S. ARIHANT INSTITURE Through its Authorized Partner-SHRI VINODBHAI K.

KAMDAR                                                                  __________________

 

SIGNED SEALED AND DELIVERED BY THE WITHINNAMED DEVELOPER - “THE DEVELOPER” ACHYUT DEVELOPERS PRIVATE

LIMITED, through its Directors

1.         SHRI KIRTI R. PATEL                   _________________

 

 

2.         SHRI NIKHIL J. PATEL                 _________________

 

IN THE PRESENCE OF…

 

1)_________________________

 

2)_________________________

 

Retification Deed – Arihant institute

 

 

SCHEDULE UNDER SECTION 32 (A) OF THE REGISTRATION ACT
 
OWNER :-

 

 

 

_________________________

M/S. ARIHANT INSTITURE Through its Authorized Partner - SHRI VINODBHAI K. KAMDAR

 
DEVELOPER :-

 

 

“THE DEVELOPER” ACHYUT DEVELOPERS PRIVATE LIMITED, through its Directors

 

 

1.         ___________________________

SHRI KIRTI R. PATEL

 

 

 

 

2.         ___________________________

SHRI NIKHIL J. PATEL

mahesh kumar yadav (Advocate)     23 October 2009

hi,

the documents u need to carry is the link documents of the property and the other document which is to be corrected by providing sufficent proof of the same. and the procedure is we have to pay stamp duty and registration fee  it differs from state to state.

Niikhil C. Shirgaonkar (Self Employed)     25 February 2010

I agree with Advocate Reddy.

rajkumar.vnm.marupeddi (advocate)     26 February 2010

If there is mistake in Survey number, so as to get a rectification deed, you have to value the property as per the basic register value applicable to new survey number. I guess, you(or your document writer) might have valued the document  basing on mistaken Survey number. Another suggestion is, some times, parties obtain rectification deeds executed on the ground that the said mistake occurred due to inadvertance of the document writer. But, instead of approaching the same document writer, they use to engage a different document writer. It is also advisable to obtain rectification deed with the attestors who attested earlier deed also.  You  should be little bit cautious to avoid legal technicalities. A Rectification Deed requires nominal expenditure subject to payment of deficit stamp duty on correct Survey number.


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