Correction in sale deed
Querist :
Anonymous
(Querist) 17 December 2019
This query is : Resolved
My Land situated in Ranchi was registered at Kolkata Registry Office in the Year 1975 as at that time it was allowed to register properties situated outside the state in Metro Towns. However, now I have found out that there is a small typographical mistake in the schedule of property which went unnoticed for so long. I approached the legal heir of the seller who had executed the deed in 1975 and he is ready execute the rectification deed/declaration.
Since, the deed was executed at Kolkata, I approached the registrar at Kolkata but he refused to execute the same saying that the property does not fall within his jurisdiction now.
I also approached the registrar at Ranchi but he says that he cannot execute the same as the deed was not executed at Ranchi Registry Office.
I am confused as to what to do since it is a peculiar matter, wherein both the parties are ready to solve the problem but registrars are not.
Some advised me to file a suit before court but I am confused as to where to file the suit (Kolkata or Ranchi) and against whom to file the suit?
Please advise.
Thanks
Shailesh Kumar Shah
(Expert) 17 December 2019
1. The Civil court, Ranchi
2. the dm and registrar of ranchi
Raj Kumar Makkad
(Expert) 18 December 2019
I am of the considered opinion that the rectification deed is required to be registered at Ranchi but in the given difficulty, you are required to file a Writ Petition before high court at Ranchi and obtain a direction for the local revenue authorities of Ranchi for the desired purpose.
Sankaranarayanan
(Expert) 19 December 2019
yes you can seeking writ direction from the High court, before that you have to submit your representation to the concerned authorities
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
Even though you can try the option of approaching high court as suggested by some experts above, in my opinion, you may appraoch the civil court in Ranchi seeking direction to the local sub-registrar to permit you to execute a registered rectification deed as desired.
You can file a suit for bare injunction before the Ranchi district court on the suggested lines but you can even discuss with your advocate in this regard and proceed on the advise rendered based on the prevailing circumstance.
