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Muralidharan   26 October 2022

sub division change - Do we need Rectification deed

My mother in law executed a settlement deed in my wife's favour in 2008 which was earlier sold and resold many times since 1994 as under.
1994 X sold to A
2006 A sold to B
2007 B sold to C
2008 C executed settlement deed in favour of D
Now D is the present owner.
When we approached for Patta we were told that the sub division of the plot has under gone a change in 1993 under UDR survey so as a prerequisite the revised sub division no is to be incorporated through rectification deed.
My questions are
1. Is rectification deed is the only way or is there any other procedure?
2. If rectification deed is a must then is it enough if the present owner ie D,executes it or it has to be executed by all the persons namely A, B , C & D
3. Since whereabouts of most of the previous sellers are not known. How to proceed?


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 October 2022

As the survey was done and the survey numbers are subdivided in the year 1993, it shall be mentioned in the document which was from X to A in the year 1994 but it cannot be changed.  So, now you must obtain a rectification deed from 1994 from X to A like that.

Dr J C Vashista (Advocate)     27 October 2022

Facts posted are vague and not clear.

It is better to consult a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

Muralidharan   27 October 2022

Thanks for the reply. As I understand from Mr. satyanarayana's reply that all persons whoever executed sale deed since 1993 have to execute the rectification deed. But if we were not able to trace all of them or they are not willing to execute, then what is the alternative?

P. Venu (Advocate)     27 October 2022

What is the requirement of patta when you have the title deed?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2022

You can file a declaration property suit in a civil courts. It is a suit under which a party seek an authoritative pronouncement from a court regarding that parties right to property or status of legal character. Section 42 of the Specific Relief Act 1877 deals with the declaratory suit.

Dr J C Vashista (Advocate)     30 October 2022

I endorse the expert advise of Mr. Rama Chare Rachakonda ji, file a declaratory suit through a local prudent lawyer.


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