Sale deed. dimention
vinayak
(Querist) 24 September 2014
This query is : Resolved
Sir,
I have purchased a 30X40 from seller who is dead. And he is not having any legal heir.
In sale deed dimention is typed as 40X30.And it is registered and Khata is in my name.
Now Bank is refused to give loan because of this error.
Please guide me.
Yours faithfully,
Vinayak.anant.t
ROHIT SHARMA
(Expert) 24 September 2014
1. For to rectify this error you will need to file a civil suit u/s 26 of Specific relief Act, 1963.
Rajendra K Goyal
(Expert) 25 September 2014
For rectification in such case file case and obtain court orders.
malipeddi jaggarao
(Expert) 25 September 2014
Since seller is no more and does not have legal heirs for executing rectification deed, only option to you is to file a suit for Specific Relief.
Dr J C Vashista
(Expert) 26 September 2014
I agree with the experts, filing of suit under the provisions of Specific Relief Act is the only remedy.
T. Kalaiselvan, Advocate
(Expert) 01 October 2014
subsection 2 of section 26 of Specific relief act 1963 states that :
If, in any suit in which a contract or other instrument is sought to be rectified, 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.
Thus as explained by experts above, a suit for specific relief will be the only alternative if the vendor is reported to have died subsequently leaving behind no legal heirs.
vinayak
(Querist) 02 October 2014
Now I came to know that seller is having a son who is contractor and also some people advised me not to approach him because he is evil minded person and he will not put his signature on any document.
