Can we do a self-registration of documents - for correction
srinivas
(Querist) 15 April 2018
This query is : Resolved
Respected Sir,
My Uncle bought a land in year 2001 from a GPA holder and the time of registration there is a mistake in the survey number and the linked document number. MY Uncle is un-educated and he bought the land through a broker and neither my Uncle nor the broker have noticed this mistake. and now when we went for a correction, the document writer says the owner who sold the land (GPA Holder) should come and sign again, and when we said the same to the GPA holder he is now saying that because of some personal/business reasons between him and the actual owner, his GPA has been cancelled and he asked us to go to the original owner. The original owner is totally refusing to accept this and claiming i am not the owner for your documents to re-sign. we are doing these round trips from last 6 months (with the neighbor suggestions and pleading them to come) but they totally refusing an betraying us sometimes.
Sir, please advise us what should we do now. and the document writer also told us that in this situation, there is a way of 'self declaration' by the GPA document. the sub-registrar can directly correct this, but the corrections will not reflect in the Registration records (meaning in EC and etc). is this true? sir please advice do such by-process exist and is this a good one to go. we are planning to sell the land.
sir please advice us.
Many more thanks in advance for your reply.
Ms.Usha Kapoor
(Expert) 15 April 2018
Yes! toucan go ahead with rectification deed registered by sub registrar which will reflect in all your ECs..
You should mention the following details in the rectification deed.
Name and address of the rectifier/vendor and purchaser
Details of the principal deed
Details of the rectification to be made
Registration of a Rectification Deed
After both parties concur with the corrections to be made, the same should be transferred to a duly executed document. The concerned parties should pay the required stamp duty and registration charges for the registration of the deed according to the laws of the state. The rectification deed should be registered with the sub-registrar’s office where the principal deed was registered. The stamp duty and registration charges for general issues such as typographical errors are Rs.100 each. However, the charges as applicable for conveyance deed should be paid if the rectification deed deals with changes in the location, names of the buyers/sellers, survey number, or area and dimensions of the property. Sometimes the registration authority may implement additional stamp duty and charges based on the situation.
While registering a rectification deed, you should be careful that:
kavksatyanarayana
(Expert) 15 April 2018
A Sub Registrar cannot directly rectify any survey number in a document whether the document is registered or not. As the GPA is cancelled, then only the owner himself (in case any owner is not alive his heirs) shall execute the rectification deed. If the owner is refused to do so, you have to file case against the owner by approaching an experienced lawyer who have knowledge in this type of cases.
Dr J C Vashista
(Expert) 16 April 2018
1. I endorse the expert advise of Mr. Kavsatanarayana but not with misguidance by impersonating expert.
2. SR has no power to register Rectification/correction deed unilaterally especially in the absence of vendor.
3. File a suit for declaration through a local prudent lawyer.
4. Why was your uncle and yourself sleeping since 2001 and woke up in the year 2018?
5. Whether the property is on GPA or Sale Deed, you did not disclose?
6. Prima facie it is an academic and hypothetical exercise, however, if there is some truth in the story consult a local prudent lawyer.
Guest
(Expert) 16 April 2018
As usual, once again the advice of Ms. Usha kapoor is proved wrong and misleading by the other experts.
P. Venu
(Expert) 16 April 2018
Yes, the only solution is in approaching the competent court of law.
