LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nandeesh (sr. execituive process)     01 July 2015

Rectification deed

Respected Sirs,

My mother rajini and her sister kala purchased their own fathers property by giving cash to their father mother sisters and brothers.

After 2 years my mother rajini sold her part of property to her sister itself  when myself GURUwas the age of 17 years 6 months old.

After sale deed over the property went for undervaluation and kala pay the necessary penality charges she has taken the documents .at that time my age was 18 years 2 months old.

After taking the documents from  the undervaluation department she has made the registered rectification deed signed by her mother stating that GPA Holder of rajini and guru.

My query is that 

1. How kala made the rectification deed a undervalued deficient stamp duty with her mother stating that GPA holder of rajini and guru

2.Is the rectification deed is null and void 

Can I challenge



Learning

 9 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 July 2015

Rectification needs all signatures of previous signatories. if not it is invalid

Advocate Ravinder (Advocate/Attorney)     02 July 2015

I would like to add to the opinion of Jeevan Patil.  According to Jeevan Patil, the rectification deed should contain signatures of all parties.  Here in this case, Kala obtained the GPA of Rajini and Guru(as he has become major), so Kala is entitled to sign on rectification deed in the capacity of herself and also on behalf of Raji and guru.  Hence, what Kala did is right. 

Biswanath Roy (Advocate)     03 July 2015

As to the given facts 'KALA' alone can execute rectification deed.

T. Kalaiselvan, Advocate (Advocate)     05 July 2015

In  my opinion for paying the deficient stamp duty, a rectification deed is not at all necessary, it can be paid when the notice for under value penalty was received by the buyer.

However, the said GPA by the mother of Kala on behalf of Rajni and Guru, if not actually executed by the principles will not be considered as valid and she cannot execute a rectification deed favoring Kala on the basis of forged and  fabricated document.  

If you are aggrieved party, you may rais an objection to this and also can file a declaration suit to declare the same as null and void. 

nandeesh (sr. execituive process)     09 July 2015

Respected Sirs,

Thankyou for your honourable advise.

1.When kala is done the rectification Guru attained major

2.And moreover Rajine and Guru never made the GPA to anybody

 

And how come kala made the rectification deed taking her mother signed and in bracket GPAholder of rajini and guru.

And while making the rectification deed sub register has to ask the GPA is it right

Please advise 

Thanks & regards

 

 

Biswanath Roy (Advocate)     09 July 2015

Before registration of the rectification deed the Registrar ought to have satisfy himself by requisitioning GPA and to verify its authenticity.

nandeesh (sr. execituive process)     09 July 2015

Respected Honourable sir,

Without GPA of rajini and guru they have made the RD 

And now whom to question.

Where to file the suit in

1.Inspector general of stamps of registration 

2.District commisioner registrar court

Please advise sir

nandeesh (sr. execituive process)     09 July 2015

Or else can send RTI to the registrar by submit the RD documents.

Please  take action against the buyer whom she made RD without GPA , and produce the GPA if u have 

Biswanath Roy (Advocate)     09 July 2015

At first you shall have to obtain two distinct Affidavits from Rajani & Guru who by their sworn depositions by oath before 1st. class Judicial Magistrate will declare that they never executed any GPA to Kala empowering her to act on their behalf and in their name to execute Deed of Rectification related to a Sale Deed of an immovable property lying at.......................( descripttion of the property )................

NEXT you shall have to obtain a certified copy of the Sale Deed as well as Rectification Deed from the office of the Registrar.

NEXT by using said deeds and documents file a civil suit for a declaration that the said Sale Deed is void and transfer of property related to is a nullity in as much as such transfer is made by adopting purgery, forgery and fraud.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register