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John (Business)     12 July 2012

Modification of a registered partition deed

I need some guidance on the following situation: 4 members of a family registered a partition deed in 1993 partitioning the ancestral property they inherited into A and B schedules with 3 of them in A schedule and the 4th one in B schedule. Later on in 1998, the A schedule property was again repartitioned amongst 2 of the A schedule persons. After 1993, the property tax for any of the said property is remitted. 

Right now when we approached the village office to get the owenership of the partitioned pieces of land transferred in the individual names, they rejected the application saying that the deed executed in 1993 is in error due to the following reasons:

The survey numbers mentioned for B schedule was specified in a combined manner (120/1, 120/2, 120/12..) and individual survey numbers and the area under each survey number being partitioned is not mentioned. 

ALso it is now found that the areas mentioned have few errors in the extents and also 2 survey numbers belonging to unrelated people are erroneoulsy mentioned in the 1993 deed. 

1. How to get the mistakes rectified in the 1993 deed ? 

2. Any changes/cancellation of 1993 - will it result in automatic invalidation of 1998 deed that was based on the former ? 

3. We looked at cancellation of 1993 as an option but it seems the stamp duty and registration charges are very huge (2.5 acres of land). Any other option other than cancellation exist for this situation? 

Rgds

John Padayatti



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