papu 04 February 2021

Rectification deed when original seller not alive

Hello sir/mdam,

we have fathers property got via gift deed in 1985. In turn link document is of 1966 where seller i snot alive and we dont knwo wherabouts of his family. In th link documents lenght and widdth meansurements wrong ly written compared to approved lay our plan. However in 1985 document measurement corrected but north south east west has been reversed. This document we could rectify as both parties alive. However 1966 document we could not rectify as SRO says we need two parties to execute rectification but he refuses there could be alternate method in such cases.

Please advise how to rectify old 1966 document without one of the party alive where as other party is willing to correct.

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Quick Summary

This discussion explores the complexities of rectifying an old property deed from 1966 where the original seller is deceased and their family's whereabouts are unknown. While a rectification deed is possible when both parties are alive, the situation becomes challenging when one party cannot be found or is deceased. The conversation delves into the possibility of using a declaratory suit as an alternative method to address incorrect measurements and orientation details in the original document. It also seeks clarification on the exact outcome of such a suit, specifically whether it results in a court document confirming ownership or an order for the Sub-Registrar's Office (SRO) to amend the original deed.

5 Replies

damodaram (advocate) 05 February 2021

CAN BE RECTIFIED BY FILING DECLARATORY SUIT

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 February 2021

AGREE with above Experts Advise.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

papu 05 February 2021

Sir,

If we file the same what is the end product we get sir. Iam sorry i am not well versed with leagal terminology. Do we get any document issued by court saying its our property? Is this enough to show any propective buyer in case we sell (is that this document along with old oroginal property documents we need to show to buyers??). OR as a result of the suit court will order SRO office and rectify the 1966 deed and rest of selling process is same as of now?? Pls expalin sir.

P. Venu (Advocate) 07 February 2021

You can get the property surveyed through competent authority.

papu 10 February 2021

Sir with survey details propective buyers can buy?? What bueyers looking is to rectify the deed. Is this possible if court orders rectification to SRO? I am confused with above answer if we file declaratory siut what will court award? Is it direction to SRO or an afirmation to petitioner saying whatever petitioner declared is right. Please explain.