cancellation of sale deed

Querist : Anonymous (Querist) 27 December 2009 This query is : Resolved
Sir/s

How to cancel a sale deed with regard to only one extent in a survey number. is it possible or valid in tamil nadu. if we cancel with regard to one extent what is the possition/validity of other extents/ properties conveyed under the same sale deed..... please explain or give me the solution for the cancellation of particular property, advice

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Khaleel Ahmed Mohammed (Expert) 27 December 2009
Quarry is not clear.
You can amend the sale deed to that extent.

Querist : Anonymous (Querist) 27 December 2009
my doubt is this

for example
I have a sale deed registered as document number 1234/2006, executed by Mr.ram, under this deed I have bought 20 cents in survey number 142, 40 cents in s.no.150, 26 cents in s.no.144/2B and 47 cents in s.no.146.

now i come to know that 26 cents in s.no.144/2B is not owned by ram the owner is aruna and it is by mistake added.

Now my questions are

1. How can i cancel the sale deed with regard to 26 cents in s.no.144/2B only
(the other properties are owned by ram only)with regard to other properties that sale deed is valid.

2. can i rectify the sale deed by removing the single extent saying by mistake it is added

niranjan (Expert) 27 December 2009
It is the seller from whom you have to get it done by rectification deed duly registered.

Y V Vishweshwar Rao (Expert) 27 December 2009
There is no wrong in executing Regd Rectifcation Deed by Vendor and purchaser - correct the mistake in the Regd Sale Deed - One item of the Sale Deed is sought to be deleted - for deletion there is no problem of Stamp Duty . It is better to execute and Register Rectification deed . The other part of the sale is valid with proper title of the Vendor .

Querist : Anonymous (Querist) 28 December 2009
Thank you Mr. Vishweshwar Rao and Mr. Niranjan

Ajay Bansal (Expert) 28 December 2009
Mr.Vishweshar is correct.

Querist : Anonymous (Querist) 30 December 2009
According to Mr.Vishweshwar Rao i execute a rectification deed But can you tell me the position of consideration passed under the sale deed for the extent sought to be deleted under the Rectification Deed. Is there anything to be shown in the rectification deed regarding the consideration. is it to be given back by the seller

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