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Bipul Das   22 October 2021

wrong plot number in the site map of a sale deed

i have purchased a land in the year 2014 in west bengal,, the plot number is correct in all the pages of sale deed but incorrect in only the page of site map,all other details are correct.

shall i need to execute a rectification deed again??

plz suggest


 12 Replies

Anusha Singh   22 October 2021

As per your query it is understood that you need information regarding the correction which is to be made in the site map of the sale deed.

As site map which is attached with the sale deed of the property is also the part of the sale deed so if there is a mistake in the site map which is attached with the sale deed of the property then you have to make a rectification deed and get it corrected to avoid any future issues regarding this.

Execution of property documents is a complex process. Often, an error occurs in the process of execution of documents. It is always advisable to get these mistakes rectified at the earliest.

The mistakes may be of various types. For example, the area of the property, its dimensions, location or the survey number may be wrong. These may be typographical errors or because of improper comparison with the property documents like the transfer deed, sale deed, title deed, revenue records etc.

These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.

Rectification deed, recognized under Section 17 of the Indian registration Act, 1908, is also known as deed of confirmation, supplementary deed and amendment deed.

Hope it helps!

 

Regards,

Anusha Singh

Dr J C Vashista (Lawyer)     23 October 2021

Get a Rectification Deed registered

Bipul Das   23 October 2021

@all

Thanks for your reply.In this situation ,can i execute that rectification deed from sub register office without the presence of sellers ? If the sellers unwilling to present.All the informations are correct in my sale deed except the page of site map ,and there are some typographical mistakes only in descripttion part

Anusha Singh   23 October 2021

The buyer and the seller will have to make an appearance in the sub-registrar’s office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents. If major changes are required in the original document, the two parties will also have to take along two witnesses each, for the registration of the rectification deed.

You can also apply online to execute a rectification deed online. You will have to visit the state land revenue department portal to initiate the procedure.

Bihar: https://bhumijankari.bihar.gov.in
Delhi: https://revenue.delhi.gov.in
Gujarat: https://services.india.gov.in
Karnataka: https://kaverionline.karnataka.gov.in
Maharashtra: gras.mahakosh.gov.in/igr
Tamil Nadu: https://tnreginet.gov.in
UP: https://igrsup.gov.in
West Bengal: https://wbregistration.gov.in

Bipul Das   23 October 2021

@all

can i suit a case to court directly to rectify the sale deed from court?

Anusha Singh   23 October 2021

In case one of the two parties is not in favour of the suggested correction, they are free to take legal recourse and a suit could be filed against the party that has initiated the move to create a rectification deed. As prescribed under Section 26 (a) of the Special Relief Act, 1963, when a contract does not express the real intention of the parties, either party may institute a suit to have the instrument rectified.

You can know more about the rectification deed in the below mentioned link. 

https://housing.com/news/what-is-rectification-deed/

 

Dr J C Vashista (Lawyer)     24 October 2021

Originally posted by : Bipul Das

@allcan i suit a case to court directly to rectify the sale deed from court?

No, no suit is maintainable qua rectification of sale deed, however, if you are keen to approach court file a suit for declaration through a local prudent lawyer.

Shubham Bhardwaj (Practice)     24 October 2021

Dear Sir, 

Please note the following:-

1. You may file a Rectification deed for the correction of mistake.However in this both the parties have to be present. Also note that a registered document can be rectified only through a registered instrument. So the recitfication deed has to be a registered instument before the sub registrar. 

2. In case the other party is not willing to co-operate then file a suit under Specific Relief Act under Section 26 of Specific Relief Act 1963 for rectification of sale deed. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclimer:- Opinion is nly for guidance.  

Bipul Das   24 October 2021

Thanks to all for the reply..

if one or more than one members among the sellers died or physically unfit for a long time or out of reach for a long time then how the rectification can be possible ?

Dr J C Vashista (Lawyer)     25 October 2021

If and but make it a time pass query 

Shubham Bhardwaj (Practice)     25 October 2021

Dear Mr Das, 

Alhough I agree with learned expert Sh Vashista G that the entire query should be put at once and not in bits and peices otherwise it would be a never ending process however taking a lenient view, please note the following.

In case one of the seller is dead then the legal representative can do the needful. If the person is alive but cannot reach the sub registrar office then, he may execute a power of attorney to soneone who can do the needful. 

I have no answer for out of reach because either the person is alive or dead. If alive, he can execute POA. If dead, he is to be represented by legal representative. 

 

Regards

Shubham Bhardwaj (Advocate)

 

 

 

Bipul Das   25 October 2021

Dear Mr Shubham Bhardwaj,

Thank you for your valuable and respectfull reply..

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