Clarification on a law
Damodar Paramashivam
(Querist) 07 March 2013
This query is : Resolved
Hi All,
I have a property in Bangalore from 2001. The measurement of the site is 30 X 40 where I have paid all charges like Tax land revenue charges betterment charges and every year tax for my property. I had taken a loan in Bank of Baroda and built a house only ground floor. In 2012 I decided to build a duplex house on the same property and approached loan with BOB for more loan and they asked me to close the loan which I did promptly and requested for loan for 30 lakhs. Since I was not eligible for that money I had to look for different bank. l approached a Co operative bank where they gave me a loan for 25 Lakhs. Since I didn’t have an option I opted now since I am married I have an upper hand with my financial status approached a different bank for 35 Lakhs. They agreed and now the lawyer is asking me a rectification deed for my property. I was shocked because its more than 11 years and most of the time the deed is spent In the bank with 2 legal opinion found nothing but this one is shocking
Legal Opinion states that I need a rectification DEED for the property where I am staying for 12 years and have paid all the taxes and charges needs a rectification deed. Let me elaborate the issue here.
The property was bought in 2001 from a GPA holder. And GPA is registered and its in 2001 which is very much inside the supreme court orders which was passed in 2011. So in 2001 he executed a sale deed in my name but he has not mentioned as a vendor is the fault in it. Now the GPA holder nor the original owners are not alive to execute the same I am not sure if there is any law to help me where to overcome this situation . Can anyone suggest me something
ajay sethi
(Expert) 07 March 2013
it is necessary to go through the agreement to advise .
prabhakar singh
(Expert) 07 March 2013
HEY YOU!
Your query suggests you are master in law,how can llb like me can point out defects and infirmities you are suffering with? ENJOY THE FRUITS OF JUDGEMENT YOU MENTIONED.
Damodar Paramashivam
(Querist) 08 March 2013
Hi Ajay sethi and Prabhakar sing thank u very much for the reply.
@ Ajay I have a so called mother deed executed in 1981 that original owner has given a GPA to the person from whom i have bought a plot and that’s for total area 2 acres and 35 kuntas... as we all know people would do GPA those days thinking about registration charges they would end up in GPA. And there are no transactions on my plot after that where I have RTC from 1975 till November 2012 which clearly states nothing is wrong. I have my EC from 1975 till date no issues in that before and after no one else in the EC till date other than my co operative bank. I can give all documents but what I don’t have is time where my house construction is stopped for almost a month now the only reason being I am expecting a fund from the bank. I can also see Section 26 in The Specific Relief Act,1963 states that In case some of the parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under section 26 of specific relief act 1963. The law provides for relief to parties in case of the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of act.
Since both the parties are no more is this act still applicable is what I am looking for.
@ Prabhakar Singh sir I am very thankful for your statements. But trust me I am gaining knowledge from the LLB like YOU SIR
Devajyoti Barman
(Expert) 10 March 2013
Then make the legal heirs understand your requirement.
Filing declaratory suit may be the eventual option.
