Deed of rectification
Knowledge Gainer
(Querist) 07 September 2011
This query is : Resolved
In the year 2000 I have purchased one property. The property was in the name of A,B and C where A was mother and B and C were sons. Sons have signed the agreement which was duly stamped and registered. Now after 11 years it was came to our notice that while making and registering the agreement signature of A, Mother was not taken and she was not appeared for registration. Neither she has any Power of Attorney nor any one signed on her behalf. Now the Bank is refusing for mortgage the same as signature of mother is not on the agreement.
Nobody has taken any objection till toady. The society has transferred share certificate in my name and sending society bill and receipt in my name. The electric bill is in the name of Builder or Developer of the property.
So what is the legal remedy available to me? I don't know weather the is alive or not and where they are living. Should I make deed of rectification?
prabhakar singh
(Expert) 07 September 2011
This one is not a defect that can be rectified,this is an error inherent in nature,where 3 persons were title owner but only two executed the sale that means you bought only 2/3 of the property not the whole. you need a title deed from A for the rest of 1/3 left,which can not come to you by rectification.It is also not the case that you can claim title by adverse possession against her because from 2000 to date 12 years have not passed.
when they are not traceable await for 12 years to pass and then file a suit of declaration,but meanwhile trace them if possible.
Raj Kumar Makkad
(Expert) 07 September 2011
I completely agree with prabhkar singh.
