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prakash (NA)     10 April 2013

Wrong boundary inherited to the settlement document.

Hi,

Let me thank you all for the service provided in this Forum.

I got a piece of land (1.5 Gnd) in Thiruverkadu ,Chennai from my Mother through settlement in 2008.

She bought the land in 2006 from a third party through Sale deed.In that sale deed boundary is wrongly typed East side boundary is mentioned as West side  and west side boundary is mentioned as east side.

The same boundary if inherited in the settlement document given to me. That is

East  : Road

West : plot

North: Plot

South :Road

Which is supposed to be

East  : Plot

West : Road

North: Plot

South :Road

When I enquired with the Document writer got 2 option

Option 1) To execute 2 rectification document one on the original sale deed between my mother and the 3rd party and the other on the settlement deed between me and my mother.

It costs around 2.5 lakh as the stamp duty (Difference between the guideline value when my mother bought in 2006 and current guideline value)

Option 2) To execute a Declaration deed by mother mentioning that there is mistake in the boundary as mentioned above and also not as per the layout(Which refelcts the correct boundary) so mentioning the correct boundaries in the decalration deed and getting it registered, which cost very less.

If I go with Option 2 will there be any legal issue ,Please advise.

Thanks



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 April 2013

You better get it thru., court by filing a suit for declaration.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     11 April 2013

Sir , File a Suit for Declaration that is best solution but it will take some time ( 1 to 2 years)

prakash (NA)     12 April 2013

Jay and Rajeev, thanks for your valuable suggestion.

Does filling the suit for declaration needs the involvement of the vendor who sold the land to my mother or just the involvemnet of my mother and me.

Also please advise how much cost it incurs.


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