Alternate process to rectification deed (seller no more)
Baba
(Querist) 17 January 2020
This query is : Resolved
We have fathers property with details: 1964 seller sold many plots as per town planning approved lay out plan. One of them baught by my uncle (fathers younger brother). He in turn transferred property via Gift deed in 1984 to father. Father constructed house post 1984. In 1964 sale deed entire schedule is proper with typo mistake in measurement numbers i.e. East To West: 40ft, North to South 65 ft where as correct is E to W 45Ft, N to S 60ft. The numbers were corrected in 1984 document, but E W and N S were still swapped. So we approached authorities to rectify the sale deeds. But 1964 seller died. We don't know his family whereabouts or how many heirs etc. We rectified 1984 document alone as my uncle and ourselves (father no more, mother, brother myself). Now we want to sell this property. Now some of the buyers insist rectification of 1964 document.
So please suggest 1. What is alternate process to rectification deed for 1974 sale deed in absence of seller his family. Who need to execute the alternate process (uncle or our family??)
2. Is it mandatory to rectify the 1964 document where 1984 document has apparently corrected one mistake directly and also got rectified for 2nd mistake last year.
kavksatyanarayana
(Expert) 17 January 2020
The original sale deed of the year, 1964 must be rectified. so you give a public notice through a News Paper which largely circulated in your Stale. Then obtain a Notarised Affidavit that the whereabouts of the seller or his legal heirs to execute the rectification for the sale deed of the year, 1964. It should be noted in the sale deed if executed.
Sb Karma
(Expert) 20 January 2020
100% agree with sir kavksatyanarayana.
Baba
(Querist) 21 January 2020
SIr I need clarification, after giving public notice if no one or only few of legal heirs turn up then how we should proceed. Even if they turn up may expect huge money so how do we handle this situation. Can we go for section 26 specific relief court order??
T. Kalaiselvan, Advocate
(Expert) 26 January 2020
If you have rectified all the errors then what is the necessity to execute a rectification deed again?
however if you still insist on rectification of the error in the 1964 document, then you may issue a legal notice to the seller as per the address given in that deed to the seller, let it be returned undelivered, you may execute a rectification deed before the registrar on the basis o f the returned legal notice, he may refuse to register the same, hence you can approach court with suit seeking direction to the registrar to register the rectification deed on the basis of the facts and merits in the case.
Any other step may not fetch you the desired relief.
