Respected Sir, My Father purchased a land of 1acre in 1988 in that deed i came to know the survey is typed as 239 instead of 238 ,the land who gave to my father is of 4 person but now all the 5 person are not alive .So pls tell me what to do to correct the mistake done ,i want to sell the property right now it take delay due to this error and all four edge corner are right in the deed kindly help me in this problem.Suggest me any Lawyer to follow this prob and my home town is TIRUPPUR near Coimbatore City in Tamilnadu ,waiting for a correct solution Thanking you, Siva
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A rectification deed may be executed by the legal heirs of the deceased sellers.
If they are not coming forward despite issuing a legal notice in this regard, you may file a declaratory suit before the court seeking to declare the correct survey number of the property and to direct the registrar to execute the registered rectification deed which will solve the problem.
1) deed of rectification can be executed by legal heirs of sellers
2) if they are 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.
. 3) 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.
4) There is no specific period of limitation fixed for filing the suit
File a civil suit for declaration of title. so better you go an file a civil suit for declaration of title and establish your title on your property by proving relevant document vise: your deed, vendor death certificate, survey no given by the authorities. and enjoy the property with full legal rights,
Hello,
You being the legal heir can file a rectification deed.
A surveyor will be appointed who will file the report.
Get in touch with some local lawyer.
Regards
You will have to file a petition under section 26 of the specific relief act which reads are as follows:
. When instrument may be rectified.—
(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956) applies] does not express their real intention, then—
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed: Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.
on layout based in the agreement registered at the time of purchasing by your father you can make rectification deed by revenue officer and can make it correction in the all legal papers. For this process at least 6 months time frame will be require.
Contact the sub registrar office as it doesn't affect title. Even documentation writers can help you.
1. FIRSTLY get a proper Land Survey done ONLY thru the Survey Dept., of the local REvenue Dept. (Tahsil office) and obtain proper report, which shows correct details.
2. Based on the above survey report, file unilateral "rectification deed" with the local registrar of sub-assurances for registration of the deed. No necessity of any earlier Seller party in this.
3. AFTER the above, you can sell /transfer /lease /mortgage /gift the property, at your will.
Keep Smiling .... Hemant Agarwal
File a rectification suit under specific relief act. The court has to be satisfied the land sold was in survey 238 you have possession of same and the sellers were owner of that land only there was typographical error due to which survey number were wrongly mentioned.
execute a registered rectification deed and correct the same
