Asking more information for previous posted(9/11/11) question on 'deed rectification'
TIRTHA MONDAL
(Querist) 11 November 2011
This query is : Resolved
In my deed,the quantity of my purchased land depicted as "25.6 decimal or 11,319sq.ft or 0.0259 of-on-acres".All the data are correct,but the data "0.0259 of-on-acres" is wrongly depicted where it would be "0.259 of-on-acres".(It may be relevant that the areas of land map in my deed is correct and when,in 2010,I gave revenue for this purchased land,the Revenue officer took revenue & gave cash memo against 0.259 acre).Now,The new District Sub-Registrar(the previous D.S.R,who signed in my deed, was transfered) is not willing to rectify this clerical mistake and says that there is no rules to rectify the recorded data of land quantity/Plot no.After that he said that as my purchased land was recorded as 0.0259 acre,for registering 0.259 acres excluding 0.0259 acre,I have to give again the Land Registration Stump duty about 50,000 although I had given the full and complete stump-duty of 70,200/ and the total cost of land registration was 1 lakh and 5 thousand rupees against the land valuation of 10,85,000/ according to the West Bengal Registration Rules 1961. Today I have met with the vendor and he agreed to give his consent in writing in front of court/D.S.R that he sold me 25.6 decimal=to 0.259 acre=to 11319 sq.ft land.Today I have also met one local civil lawyer who wants to go through AFIDAVIT or DEED OF DECLARATION or PRE-LITIGATION process.But the BLOCK LAND & LAND REFORM OFFICER(B.L & L.R.O) told me that he may accept land quantity data for Mutation and "Parcha" purpose, only in acre which must be depicted in deed and no other document,i.e AFIDAVIT/DEED OF DECLARATION/PRE-LITIGATION will be entertain.As I am a retired person and got extension to stay in company quarter for 6 months,I am not willing to go any civil suit as I have to complete my home-building upon this land within this limited time.Please let me know What should I do & in what judicial process I shall get remedy in shorter time and able to save the re-registration stump-duty fees about ,more or less, 50,000/ as I have already given the total amount according to that W.B Registration Rules 1961.
prabhakar singh
(Expert) 11 November 2011
The next choice is also by a civil suit of rectification by the buyer against the seller
under section 26 of the specific Relief Act
By a decree of rectification passed by civil court.The time could be saved by compromise after filing the suit as seller is agreed and shall not contest the suit or shall admit the suit.
The provision is given below":
Specific Relief Act, 1963
26. When instrument may be rectified . - (1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956), applies) does not express their real intention, then-
(a) either party or his representative in interest may institute a suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed:
Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.
Govind
(Expert) 13 November 2011
I agree with Sh.Prabhakar Singh.
M V Gupta
(Expert) 13 November 2011
Your document gives the area of the land purchased by you in three different denominations of decimal(?), Sq. ft and acres. The error occurred only in the acrage mentioned in the document. Thus it is an error apparent on the face of the document. The deed of rectification to correct the above error would attarct stamp duty as an Agreement and not advelorem duty,as the deed does not effect transfer any fresh interest in the property and hence cannot be regarded as a deed of transfer or sale deed. You should execute the Deed of rectification duly signed by the Vendor and your self and file for its registartion. In case the Sub Registrar issues any demand notice for advelorem stamp duty you should file an appeal against the order before the Registrar of Stamps and fianlly with the Revenue Department of the State.You cannot at this stage file any suit without exhausting the remedies available under the stamp ACt. Filing a suit under the Specific Relief Act would arise only if the Vendor refuses to sign the deed of rectification.
TIRTHA MONDAL
(Querist) 29 November 2011
I SPECIALLY GIVE MY "THANKS" TO SRI PRABHAKAR SINGH,MR.M.V. GUPTA AND ALL OTHER EXPERTS WHO GAVE ME PRECIOUS ADVICE ON MY QUESTION ON "DEED RECTIFICATION".THE D.S.R ADMITED MY APPLICATION AND I GOT SUCCESS AGAINST HIS CORRUPTION IN THIS CASE WITHOUT GIVING ANY BRIBE TO HIM.NOT MERE 'THANKS' IS WHOLE,BUT WHAT CAN I GIVE THROUGH INTERNET?AGAIN MANY MANY THANKS.
TIRTHA MONDAL
S/O- BRAJA RAJ MONDAL
