Mistake in deed
mahesan
(Querist) 15 July 2014
This query is : Resolved
suit property’s boundary measurements are wrongly stated in the Release deed dated 30.11.2011 and sale deed dated infavour of A dated 13.12.1958.Originally boundaries of the property is as follows;
East-west bothside 49 feet and north-south bothside 22 feet ,
but same was mistakenly states that
East –west both side 22 feet and north-south both side 49 feet. `
My doubt is following prayer is maintainable or not?
Declaring that the correct oundary measurement of the suit property in the sale deed dated 13.12.1958, Document No. 2148/1958 Palladam S.R.O, infavour of A. Muthusamy is East-West bothside 49 feet and north-south bothside 22 feet.
G. ARAVINTHAN
(Expert) 16 July 2014
better go for a rectification deed and then file a suit for declaration on the strength of the Rectification deed.
Raj Kumar Makkad
(Expert) 17 July 2014
Declaration suit as you mentioned is correct procedure at such belated stage as the eller and even original buyer may not be alive at such stage.
