Regarding rectification deed
Sathya Prabhu
(Querist) 24 September 2012
This query is : Resolved
It’s regarding my Grandfather’s property, which has been divided with my father (youngest), my Uncle and two aunts. My father and my uncle are the two major shareholders, so my aunts have been given 10 cents each initially. For getting N.O.C Certificate, my father gave his both sisters 5 cents more and we have got the NOC. Now we have found that my uncle has more share than my father’s. He made adjustments in the documents so that he could take more from my father's share, in that he has even marked a portion of land which is government land. After that my father corrected his document by removing that part.
As of now my father's side document is clear and he has lost around 20 cents to my uncle's malpractice. My doubts are,
1. Does this can be corrected with Rectification Deed between my father’s and uncle’s share?
2. If so, how long it will take?
3. If so, before going to Rectification suit can my father sell some part of his land which is legally my father’s?
Devajyoti Barman
(Expert) 26 September 2012
1. Yes if both agree.
2. Time taken for executing the deed.
3.Yes
Sathya Prabhu
(Querist) 26 September 2012
Thanks for the Reply Sir.
Regarding my first question, what shall we do in case if my uncle is not agreeing to rectify and reset the share again in an equal proportion?