• Rectification in area of property

My father purchased a plot of land in Chennai admeasuring 2640 Sq. Feet in the year 1969 out of a layout developed by one firm. This was lying vacant till I had constructed a house on the same in 1996 by getting a Lease Deed for 99 years with my father. Subsequently my father executed a Settlement Deed in my favour for that property in the year 2008. I have got one elder sister and there is no dispute with her as another property had been given to her. He expired in the year 2009. Now when I wanted to do construction in the first floor of the house, I was advised to get the Patta changed in my name. When I approached the Revenue Authorities after measuring the property, the Surveyor has informed that the actual area is 2718 Sq Ft i.e. 78 Sq. Ft more. Hence he has informed that a Rectification/Correction Deed is to be executed and only thereafter Patta in my name will be issued. The are ready to issue a letter to this effect., Since the Sale Deed of 1969 is almost 50 years old now and the Vendors are not traceable kindly inform me the procedure to get the same done in a simple and quick manner, for which I shall be thankful.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.

2)if seller is not traceable you may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

All parties shall mutually execute a rectification deed and shall sign the rectification deed to get the deed amended.

If there is a bona fide mistake which is required to be changed then in case where the other party is not traceable then you will have to file a suit u/s 26 of the SRA

If there happens to be no malafide behind the rectification then the court generally allows the rectification application.

You may contact a local lawyer who can help you with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the revenue officer has asked for rectiifcation deed then without it any other deed would not sevre purpose.

Anyway since it is an old document and tracing of legal heirs of sellers would be almost difficult you have only option of making an affidavit from the first class magistrate stating the area of land.

On this basis you can apply for fresh mutation.

Do note the absence of Pata in such technical difficulty would not cause any future problem.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can send a legal notice to the vendor to his known address by registered post demanding them to execute a registered rectification deed rectifying the correct particulars in respect of the extent of the property with boundaries on all four sides.

Get the registered letter/notice returned undelivered after that you may aproach civil court with a declaration suit to declare the extent of the plot as per the letter given by the survey department.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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