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rectification

(Querist) 27 March 2011 This query is : Resolved 
sir,
sales agreement and an advance amount has been given for a land , now i found that the actual measurement as per CMDA is 40*50 but in all the previous documents it is 50*40,should all the previous parties sign the rectification deed or the prior two parties are enough?, what should be amount of stamp paper for rectification deed?
Devajyoti Barman (Expert) 27 March 2011
Yes you should execute either another fresh agreement containing correct measurement or a deed of rectification.
The stamp duty differs from state to state. If you are from West Bengal then the stamp duty fro sale is 6% and registration fee is 1.1%. The deed of rectification however does not attract any stamp duty.
Advocate. Arunagiri (Expert) 27 March 2011
I agree with Mr.Barman.
R.Ramachandran (Expert) 28 March 2011
I do not think it has any big difference. For the measurement remains the same whether stated as 40*50 or 50*40. What is important to note is whether the boundaries have been shown correctly. If the boundaries have been shown correctly, then there may not be any need at all for rectification.
Sri Vijayan.A (Expert) 28 March 2011
If the boundary and the measurement are described correctly, there is no error in the document.
Then there is no need for rectification deed.
If the direction and measurement do not match, it has to be rectified.
If there is no change in survey no and the area of the land, there is no need for stamp duty.
You may have pay the registration fee only which is very nominal.
Baskar.e (Querist) 30 March 2011
thank u sir,
sorry but i'm not clear whether the rectification deed be done by the previous party or 3 rectification deed need to be registered as the plot was approved in the year 2000, from then it has been transferred to me through 3 registrations with the same mistake
Sri Vijayan.A (Expert) 31 March 2011
A single rectification deed by the parties of the latest deed is enough.
Rectification of previous deeds may not be possible.


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