Kamil (CTO) 11 April 2012

Rectification to settlement deed

Respected Members,

I have two questions

(1) We are from Chennai. A settlement deed was executed a year ago in my wife's favour by her mother which has a typing error in the total area. Our document writer is suggesting that we will need to cancel the settlement deed and register a fresh settlement since rectification to settlement is "not allowed". Is this correct? If we can execute a rectification deed and we have already paid for the full stamp paper value (Rs. 10,000), for how much we should buy stamp paper for the rectification

(2) There is an encroachment in our patta land. I am to understand that I need to get a mandatory Injunction and a prohibitory injunction from court to vacate this. Is this correct? If not what is the procedure. Also, Please advice me on the documentation needed to initiate the Injunction procedure and assuming that the encroacher has no valid documentation, what is the approximate timeline to get this order?

Thanks in advance for your valuable time.

Kamil

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 April 2012

Dear Querist,

There is no bar to executing a rectification deed to rectify a settlment - what would be the stamp duty please check up with a local lawyer.

As regards encroachment - You are right mandatory injunction for removing the encroachment already made - prohibitory for refraining them in future.

There is no time limit - it's all speculations - we are look at alteast a year or two - but as soon as you file accompany an application for interim injunction (mandatory + prohibtory) during pendency of main suit

Kamil (CTO) 11 April 2012

Dear Bharat,

Thanks for your quick response to my query.

Kamil.

Kamil (CTO) 11 April 2012

Dear Members,

Wrto my query number (2) I have all the documentation for the title of the land and have completed the survey by a government surveyor and it indicates clear encroachment of about 20 feet. But the surveyor is saying that he is not empowered to give an encroachment certificate but only a survey completed note. Is this document sufficient to initiate the injunction procedure? Kindly advice.

Thanks

Kamil