• Neighbour plots got interchanged in Sale Deed

Plot numbers of my east and west neighbours got interchanged in my sale deed, and the deed was registered in Hyderabad in 1998. I realized this error only now after I came across encumbrance certificate of the neighbour plots. Except for this the schedule of property is all good. As the sale was done long ago I am unable to trace the person who sold the land to me at that time. 

For this plot I registered a Gift Deed in my wife's favour in 2017 with the same property schedule as Sale Deed. So this issue is with the Gift Deed too.

Owner of the property who executed the sale deed or his family is untraceable at this time, so rectifying Sale Deed may not be possible. Can I apply for Rectification to Gift Deed (with only me signing as the owner of the property) citing the encumbrance certificates of neighbour plots as evidence for correction? Will this be a valid rectification in the eyes of the law? If not please suggest ways and means available to me to set this right.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

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.

2) . 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.

3) 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
97856 Answers
7937 Consultations

The owner has to be traced. Otherwise consent of the other property owners adjacent to your land have to be taken and an application has to be given to the municipal corporation that this has happened.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

As you have already executed a gift deed, you may very well execute and register the rectification deed now, attaching all the relevant documents to support the need for rectification. You may also narrate the relevant facts in the rectification deed: what the original error was, how it came to light and why the original vendors could not rectify it earlier.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

Yes you need to execute the rectification deed showing the said error

Prashant Nayak
Advocate, Mumbai
33128 Answers
215 Consultations

Dear Client,

A rectification deed signed by you shall be the right option to set right the errors.

Thankyou

Anik Miu
Advocate, Bangalore
10493 Answers
121 Consultations

You cannot unilaterally execute a registered rectification deed to rectify the error.

The error is a vital one because the property would be identified only by such details.

If your vendor is not traceable, then you may first issue a legal notice to the vendor to his last known address by registered post and get it returned undelivered if he is not available in the said address.

Subsequently you may submit a rectification deed to the concerned registrar's office, who may not entertain the papers for registration,

After that you can file a suit for direction to sub registrar concerned to register the rectification deed to rectify the error in the schedule of property based on the documentary evidences in you possession and the reasons you rely upon.

Once the rectification deed is permitted to be registered then yo can as a donor execute a registered rectification deed to rectify the error in the registered gift deed executed in favor of your wife. 

T Kalaiselvan
Advocate, Vellore
88056 Answers
2377 Consultations

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