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Ramesh (self empolyed)     30 September 2010

Rectification Deed

Hello,

We have a house which is constructed in 1978 (32yrs back) after purchase of plot then. We have been paying the tax from then till now and have all the records for the property.

Recently we discovered that the plot number mentioned in the sale deed done 32 years back is indicated wrongly, but all other records and tax receipts have correct plot number indicated in it.

We are unable to trace the people who sold us this property. What is the alternative to correct this mistake in sale deed?



Learning

 5 Replies

M. A. Khan (advocate)     30 September 2010

Make a deed of ractification and submit it to registrar, if other side's whereabout are not known, on the basis of declaration, ractification can be registered.

1 Like

Shiva Kant Dixit (Advicate)     01 October 2010

In your case excution and registration of rectification deed can't possible as you have stated that seller of the property is not traceable, and without him rectification is not possible. It can be quite clear at this stage that only 'TYPOGRAPHICAL' error can rectified and by that rectification nature of deed and land shall not change

In that event you have to file a declaration suit before civil Judge to Seek relief to extent of correction of number of Land.

One more thing i want to add here that if it is ascertained that seller of the property can never be available(may be due to some unfortunate reason)then his Successor,successors-in-interest, representatives, administrators, members and assignees can execute document and in case of seeking declaration they can be arrayed as party of the suit.

1 Like

C Nadarajan (Advocate)     02 October 2010

Please try contact the person who is occupying your plot and then you can enter into a exchange deed.

According to u, u are alresdy in possession for more than 32 years. Now why do you want to correct the plot number and what is the necessity now

C Nadarajan

1 Like

Ramesh (self empolyed)     02 October 2010

Dear All,

Thanks for your response.

To clarify further, we are in possession of property and are paying tax from past 32 years stating correct plot number. The only problem is in the sale deed done then which list one of the plot number incorrectly (I am not sure if this would be considered typo error). All other documents have correct plot numbers.

The reason for correction is for selling this property. We found this problem last week and would like to rectify it as soon as possible before  we sell the property. Also we are unable to trace the person or his successors who sold us this property as it is so long back.

Is it possible to consider this as typo error and rectify unilaterally as the plot number mentioned in sale deed might not be even in possession of person who sold us.

Appreciate your response.

Shiva Kant Dixit (Advicate)     02 October 2010

No unilaterally it is not possible. Then the best course of action is to file declaratory suit and get declaration against "rem" i.e. against whole world, to effect of that the plot No. is now known as__?.  


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