Adeshwar (MGR) 11 January 2012

Rectification deed without seller

Sir,

We had purchased a property 10 years back. Due to oversight and the mistake of the typist the Original Sale deed has the schedule of property reversed.i.e.. Eto W has become Nto S and Nto S has become Eto W. Now we have come to know of this error and wish to rectify the error but in our effort to trace the original buyer we learn that he is no more.

In this case how should we go about rectification of the sale deed?

1) Do we approach the court and issue a newspaper advertisement that we require such change to be carried out and we invite objections and then approach the sub registrar for the change?

2) Do we obtain a copy of the death certificate and carry out the rectification deed with the help of the legal heir.

or what is the correct procedure to rectify this sale deed.

Thanks in advance for your esteemed help.

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 August 2013

In most of the cases, although the errors can be corrected by simple documentation, access to the seller or a prior owner of the property may not be available. In such cases where the error is patent and the impact of the error is negligible, the same can be corrected by suitable subsequent documentation. If this is not possible, then a proper order has to be obtained from a Court of Competent Jurisdiction for rectification of errors.

surjit singh (Assistant) 04 August 2013

Since the person who sold is no more, it is better to contact the legal heirs of the said seller and get it rectified by them after all if any disputes arises it the legal representative/legal heirs who is to raise the dispute, and also explain why it took so much time to detect the typing error.