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Ramki (personal)     10 March 2015

Rectification deed

Hi Club members

I have a query regarding my plot in Bangalore.

I bought a plot in Bangalore in 2014 .I did not get the documents verified as the next plot is bought by my friend few years back.now my friend is planning to sell it and he is finding a problem in selling it due to improper property descripttion in the Schedule.

now ,the same problem is reflecting in my plot sale deed as well, how can this be rectified,i bought the site from a re-seller who bought the site from the land lord of the entire survey number and the improper descripttion of site in the schedule is present in the previous sale deed as well , however i cannot trace the person who sold me, but i know the landlord.How can i rectify the sale deed.

-RK

 



Learning

 6 Replies

Suneet Gupta (www.vashiadvocates.com)     11 March 2015

In this case, it will be difficult to get the rectification as the seller is required to execute the rectification deed.

In this case, you can get a rectification deed signed by the original landlord on one side and your friend and you on the other side. You will be signing the rectification deed as successors-in-interest to the intermediary re-seller.

Hopefully this should solve your problem.

Dr J C Vashista (Advocate)     11 March 2015

Contact the vendor and get a rectification deed registered through a local lawyer.

Dr. (Maj) J C Vashista, Advocate, Consultancy Room, Lawyer's Chamber Block, Delhi High Court, New Delhi- 110003 Cell # 9891152939 email: majjagdish@yahoo.com

Ramki (personal)     11 March 2015

Hi Members 

thank you for the quick reply

is it sufficient to get the rectification deed executed by the landlord and the last owner from whom we bought the site,or is it required for the previous owners as well for the rectification deed

I mean Suppose A is land lord,A sold to B with  incorrect Descriptttion in the schedule and B sold to C with the same mistake and C sold to D with the same mistake .

From D my self and my friend bought the plots with the same mistake continued.

now we realized the mistake, however we dont have a trace of B and C, but we know the landlord A,who made plots from his land and sold.,and we also know the last person who sold the plots to us which is D,

so is it sufficient to just go with rectification deed with the A,D and ourselves or is it required to have B and C as well  for rectification deed.

 

Thank you for your support

Ramki

Suneet Gupta (www.vashiadvocates.com)     11 March 2015

You can enter into the Rectification Deed directly with A. In this you can represent B, C and D as their successor-in-interest in the property, and execute the Rectification Deed on behalf of B, C, and D also.

This will be the easiest option for you as you will not have to trace the old owners. Just make sure that you clearly  mention the details of the intermediate sale deeds, i.e. A to B, B to C, C to D, and D to you in the Rectification Deed. Also right that you are the successor-in-interest of B, C, and D and are executing this Rectification Deed directly with A as such.

You can send me a Private Message for additional help.

1 Like

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

I fully agree with  the opinion of learned advocate Mr. Suneet Gupta on the subject query.   You may follow the suggested steps, take the help of a local lawyer if need be.

1 Like

MUKUND KUMAR (Lawyer)     14 March 2015

You are very well advised by learned advocates

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