Correction in conveyance deed
anuradha
(Querist) 15 March 2016
This query is : Resolved
sir,
I have client of society which has got conveyance from the land owner but in the conveyance all the property description that is survey numbers mentioned correct but CTS No. in all documents is written as 171 and 169 till schedule I where all survey nos. are mentioned but in the second schedule CTS no. handwritten as 169 and the same is written in Index II as CTS No. 169 but the society is situated on CTS No. 171 and i got all the papers i.e. 7/12, KJP,ULC order, Inquiry Register extract, N.A order etc. wherein the CTS no. written as 171.
I the society wants to enter there name in the property card but the city survey officer wants the Rectification Deed duly registered, but the land owner is expired and his legal heirs address are not known to society member and they are not traceable. Builder office is also not there.
so what is remedy avaiable to me for rectification deed or DDR is having power to rectify the same on behalf of the society or i may go for Sec. 26 of specific relief act in civil court but without second party how can i file the same. please guide me how to rectify in the Conveyance Deed or any alternate option for entering the name of society on the property card.
P. Venu
(Expert) 16 March 2016
On the basis of the revenue records, the CTS numbers could be correlated. You may request the CTS Office to prepare the property card. If necessary you can file a WP against the Authority concerned.
Rajendra K Goyal
(Expert) 16 March 2016
Consult with local lawyer and file case for getting appropriate orders from the court.
anuradha
(Querist) 17 March 2016
sir
thanks for your opinion but i wants know for what is legal remedy for me to enter the name in property card but their is mistake of CTS no. in conveyance deed and land owner is expired and his legal heirs are not traceable. so rectification could not be made one sided, so please guide me what procedure to be taken for entering the society name on the property card.
Dr J C Vashista
(Expert) 18 March 2016
File a declaratory suit seeking proper mandate for authorities for necessary rectification.
