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sanjayrtn. (Exe)     10 September 2010

registration of rectification deed

a close relative of mine had bought by a virtue of a registered sale deed, a vaccant land in chennai in 1997 which is in his possession since then (with bonafide patta,chitta and adangal), now (in 2008, after 11 years) the seller at the same  sub-registrar's office has registered a "deed of rectification" stating that as if an error has occured and has changed the extent of land in the schedule without buyers knowledge and consent and this came to light when he applied for EC, which shows an entry to that effect.

Can you please guide as to how will it be now possible to make this entry that is showing up in EC to be null and void? proceeding against the sub-registrar and other legal actions is one thing but how to make this entry null and void?? will IG registration help? or Whom to approach for relief as this seems to be illegal to register a deed of rectificaton without the consent of buyer? and that too altering/changing the total extent in the schedule it self?



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 September 2010

Without the buyer's knowledge rectification deed cannot be registered.  It is better to file declaration and consequential releif of injunction suit.

1 Like

Shiva Kant Dixit (Advicate)     10 September 2010

Dear Sanjayrtn,

First of all make it very clear that only typographical error can be rectified by way of execution and registration of deed. So nobody rectify the content of deed by virtue of which some material change took place.  Again it is not possible to registered the rectification deed without second party, it is mandatory provision. If its happens then you must approach Civil Court to declare that change null and void.

1 Like

sanjayrtn. (Exe)     10 September 2010

Dear Mr.Rajoo,

Many many thanks for your reply to my query, truly appreciate your knowledge sharing on this forum.

sir, can you please kindly tell me if you dont mind what is

"file declaration and consequential releif of injunction suit." these both are same or to be filed each seperately; and normally where these are to be filed? in the civil court or at IG registration office? and how much time normally it takes to arrive at a final decision. And how will it be possible to see that this illegal entry of this rectification deed by the Sub-Registrar reflected as null and void when next apply for EC.,?? when can the  property be encumbered, if the case goes on dragging?

just want to share that it is truly disturbing that such illegal acts are happening at the Sub-registrars office and the genuine persons have to suffer in the civil court prooving their innocence.

sanjayrtn. (Exe)     11 September 2010

sir shiva kant dixit ji,

Very much appreciate and acknowledge your reply with million thanks for enlightening on the subject;

  • unfortunately, in this case it was not a typographical error
  • moreover, the seller has rectified the content of original sale deed by virtue of which some material change took place; the seller has changed the schedule and the extent itself
  • and the worst part is the sub-registrar has accepted this registration of rectification deed against the mandatory provision and without second party that is the buyer, who came to know about this illegal registration of deed of rectification only when the EC was applied
  • now this has happened, which means we have to approach the civil court to declare that change null and void; and unfortunately this will drag on;

sir, can IG registration or the Revenue department or the collector not take action to make ti null and void and impound this illegal registration; are they not responsible? please do not mistake me since i am asking all these in this forum as all people here are learned/ knowledgeable and helpful to genuine problem facers. because in real life it is difficult to get such an outstanding legal advice without any personal benefit. I really applaud the founder of this website., many thanks again, with all the regards.

Sri Vijayan.A (Legal Consultant)     13 September 2010

Dear Sanjay,

No doubt, a deed rectifying a sale deed cannot be regstered unless both the parties (Executant and Claimant of the Principal deed) come and do the formalities at the registrar office.

2. If only one party, particularly the seller comes, the SR has to refuse it

3. But it is true negligence of the SR.

4. So you can ask the IG of Reg'n, Santhome to rectify the defect.

5. No revenue officials can help you in this regard.

6. Even after reasonable time, if u dont get anything, u have to file suit stating the SR, IG and the pre-vendor as respondent.

7. This is clear violation of Law, so it won't take much time

R.Ranganathan (Director)     14 September 2010

First you issue Notice to the seller and the Sub-Registrar concerned for cancelling the rectification deed immediately with copy of the same to the IG. You inform in the notice itself that you are going to take legal action both criminal and civil,  for cheating, mischief, misappropriation etc in the criminal court and for Declaration that the rectification deed is null and void and that you are the owner of the property as per the sale deed, and for Injunction restraining the seller not to act as per the rectification deed till the disposal of the main suit.

I feel IG will start some process immediately if a copy is sent to him. Otherwise you file the cases against all the respondents and let it take its own course. Just because it will take time, you cannot sit idle. Already as per your own statement it was registered in 2008, now it is 2 years, if you delay further then you will have to explain delay in approaching the court even if you are right and got title. 

So take immediate steps to avoid further complications. First see that the balance extent whether the seller has sold it or created any other encumbrance in it. If so, you have to bring in those persons also as respondents.

Sri Vijayan.A (Legal Consultant)     14 September 2010

Yes, I agree with Mr.Ranga Nathan.

Include all the persons as Respondents.

Do not delay the case

ANKIT (PROPRIETOR)     02 May 2013

Dear sir,

I have purchased a resale property from Mr.Ram and Registered the same with the sub-registrar and applied for loan for the said property, but now the bank personnels lawyer says that, as the property is registered originally in the name of Mr ram & his brother Dinesh (who is already dead), a rectification cum declaration deed needs to be filled and registered so that i become the only owner of that property. My question is whether the bank personnels are right?? and whether there is any other way to deal with this situation and get the property registered only in my name. Our lawyer is of the opinion that no rectification cum declaration can be done and the bank can give loan if all the legal heirs give their consent through an Affidavit (which has already been done) Late Mr.dinesh was unmarried but he had 1 sister and 1 brother and mother other that Mr. Ram. Please guide me regarding this...

raja   24 February 2016

PLEASE  LET ME KNOW THE RULE POSITION IN AP STATE  IF CORRECTIONS ARE DONE AFTER ATTESTATION  BEFORE SCANING OF THE DOCUMENT AND GOT IT REGISTERED AND  THE CORRECTIONS ARE DONE  WITHOUT KNOWLDGE OF THE  EXECUTATENT . THIS CORRECTIONS WERE NOT ATTESTED BY ANY ONE WHICH IS NECESSARY AS PER  ACT.  HOW TO CANCELL THE AGGREMENT , TO WHOM  IT SHOULD BE REPRESENT?

I AM VERY MUCH THANKFUL IF ANY ONE HELP ME IN THIS PROBLEM.


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