• Without rectification deed regarding some mistake in my sale deed, can I execute a sale deed

I purchased a house plot from a registered society. I found some mistake in my original sale deed.The eastern boundary mentioned as western boundary and vice versa. Further actual Survey number is not mentioned in which my plot is located and all the survey numbers of the layout mentioned in the deed. Now the my vendor-society is not in existence. 
I intended to sell the plot by executing a sale deed by mentioning the actual survey no and also by mentioning the correct boundaries basing on the surveyor report.. Is it possible or a rectification deed is a must. How to convince the registrar to register the sale deed prepared rectifying the above mistakes. as my vendor society is not in existence.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

Deed of rectification is must to rectify mistake in sale deed 

 

if society is not in existence you would need court orders to rectify mistake in sale deed 

 

3) 

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.

4)  There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit

Ajay Sethi
Advocate, Mumbai
97831 Answers
7930 Consultations

You cannot execute a sale deed by changing the  existing details in your registered document even though they may be the correct particulars.

If you want to rectify the error you may have to get a rectification deed executed to rectify the error.  

Your vendor only can execute a rectification deed and it cannot be done unilaterally by yourself.

If your vendor is not existing then you may have to approach court with a suit for declaration to declare the correct particulars in respect of your property on the basis of the substantial documentary evidences to prove the correct particulars and direct the registrar to permit you to execute a rectification deed as per the correct particulars.  

T Kalaiselvan
Advocate, Vellore
88033 Answers
2371 Consultations

You have to collect evidence to show that the vendor society does not exist anymore. Get the property surveyed and sketched by a licensed surveyor and attach the sketch showing the boundaries and the dimensions of the property, to the proposed sale document. Attach also a field map from the tehsil office (Revenue record) showing the survey no. of your property, to the sale deed. In the narration of the sale deed, mention all these facts. Then, there is no reason why the Registrar should refuse to accept your document. Even after all these efforts if the Registrar refuses to do so, you may approach the high court under its Writ jurisdiction for appropriate direction to the Registrar concerned.

Swaminathan Neelakantan
Advocate, Coimbatore
2973 Answers
20 Consultations

1. Based on the surveyor's report and non-existence of the Vendor-Society, you can execute a Declaration Deed, stating all the facts and registering the Declaration Deed in the jurisdictional Sub Registrar's Office.

2.  Based on the above, you can execute a sale deed in favour of the prospective buyer mentioning the actual survey number, as well as the correct boundaries, based on the surveyor's report.

Shashidhar S. Sastry
Advocate, Bangalore
5478 Answers
332 Consultations

If its already registered you can execute a rectification deed for the same

Prashant Nayak
Advocate, Mumbai
33107 Answers
215 Consultations

- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.

- Since, there is an error in the survey number etc. in your registered Sale deed; hence it comes under the typographical error.

- The registration charges and stamp duty for typographical errors are usually around Rs. 100.

- However, for executing the sale deed the presence of both the parties are mandatory . 

- If the other party is not available then you have to file a suit for declaration before the court for directing the registrar to rectify the sale deed . 

Mohammed Shahzad
Advocate, Delhi
14892 Answers
226 Consultations

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