LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ketan   28 March 2024

rectification without seller and his legalheirs

A saledeed is 50 years old .and there is mistake in property descripttion .neither seller nor legalheirs are traceable.how to make rectificationdeed.


 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 March 2024

Actually there is no way except filing a declaration suit in court.  But some State Governments studied like these issues, instructions have been issued to file a notarized declaration that the whereabouts of the sellers/legal heirs are not known, the buyer can make a rectification deed with a proof for the rectification.

Dr. J C Vashista (Advocate )     29 March 2024

What is the error / mistake requiring rectification and does it affect title of the property stated to have been sold / purchased 50 years ago ?

Presumably there should not be any glaring mistake / error in the document.

However, it is better to show the title document to a local prudent lawyer for proper analyses and advise to proceed or ignore.

Ketan   29 March 2024

what is declaration suit?can it rectify deed without rectification?

Dr. J C Vashista (Advocate )     30 March 2024

A decree is passed declaring document to "so and so"  (as pryaed to be rectified) is made by civil court on the subject matter which is binding and final on the concerned parties including Revenue Authorities (responsible to register a document produced before concerned Registrar / Sub-Registrar). 

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

If you are the interested party and wants to get the error rectified then you may have somehow to bring some of the legal heirs of both the sides to get the error rectified. 

You can issue a legal notice to the seller at his last known address, let it be returned undelievered, then you approach court with a suit for specific relief and seek  court to intervene and execute  a registered rectification deed rectifying the error so found by attaching all relevant documents to prove the error  after which you can get the relief of rectifying the error.

Ketan   01 April 2024

will court rectify it? In absence of legal heir

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

The court will pass orders based on the merits of the suit filed by you, it may or may not be in your favor.

Ketan   02 April 2024

my question is will court rectify the mistake since legal heir is not available based on merit and proof subnitted.

T. Kalaiselvan, Advocate (Advocate)     02 April 2024

You first file a suit under specific relief act seeking the relief and convince the court about your genuineness, let the court pass a judgement, you will come to know further course of action after that.

Don't expect the answers for all questions now itself, you first take steps after which you can seek assistance or guidance on further issues if you are stuck in between.

Dr. J C Vashista (Advocate )     03 April 2024

Prima facie  facts posted are based on assumptions and presumptions, isn't it?

However, it is better to consult a local prudent lawyer with relevant records, if there is some truth in the story.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register