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Santosh Venkatesh   08 September 2020

Rectification deed when seller is death

Hello All,

My mother had purchased a property 20 years before and now we had planned to make a home loan on the same. We Realised in sale deed house number is not correct only in chakbandi (Consolidation) and other parts of deed has correct house number mentioned. However the previous sale deeds are correct in all aspects.

Can you please suggest the possibilities?

 2 Replies

Hemant Agarwal ( Mumbai : 9820174108)     08 September 2020

1. IF Seller is dead, and IF original Sale Deed was duly Stamp Duty paid and Registered before local SRO, THEN you may send the deed for adjudication for purposes of Rectification Order and THEN based on the challan of SRO, you may unilaterally execute the Rectification Deed, without any further legal reference to the deceased Seller.

Keep Smiling .... Hemant Agarwal

sribhusan sukla (Free Legal Consultations)     08 September 2020

Land Record publication year and year of sale deed registration?If land has been settled to rent after another survey after purchase? If land purchased was a consolidation plot, then what is house number? More so, your admitted case is that sellor is dead, then the person who could have rectified is not three. Accepting that his/her successors-in-interests  agree to do the rectification, I have to recheck the registration rules if such rectification is permissile long after 20 years. With existing provided, you can file a declaratory suit seeking desired relief, if Talukdar does not have jurisdiction to correct the Land Record under rules of the State to which you belong.. Facts provided being inadequate, no precise suggestion could be given. Advised to consult a local advocate. 

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