Rectification deed whether original sellers required?
jayakumar
(Querist) 10 July 2013
This query is : Resolved
Dear Sir
I have a property dispute regarding the site dimension with my adjacent site owner. Now, we agreed for a compromise settlement wherein one side of my site dimension will be reduced by 5ft. The original sellers for my site and my neighbour's site are totally different, as they are different properties. Now, what type of document is required to be obtained from my neighbour to reduce my site dimension by 5ft. Whether this is to be registered and if so, stamp duty payable in Karnataka. Pl advise.
ajay sethi
(Expert) 10 July 2013
contact a local lawyer . file suit against your neighbor . in suit file consent terms
Rajendra K Goyal
(Expert) 10 July 2013
Agree with the expert ajay sethi ji, Engage local lawyer.
jayakumar
(Querist) 10 July 2013
Dear Sir, thanks for the advice. However, I have already filed the civil suit in Bangalore and the suit is pending for many years. In order to avoid the long delay in disposal of the case, we entered into a compromise agreement. Whether I can go for a rectification deed with my neighbouring site owners (who are different from the original sellers of my site). Pl let us know whether rectification deed is suitable in this case or any other options.
ajay sethi
(Expert) 10 July 2013
in said suit file consent terms in court . rectification deed is not possible as it is applicable only in case of mistake in the agreement between buyer and seller
Raj Kumar Makkad
(Expert) 10 July 2013
You need to draft a compromise deed and jointly put it before the court with statements to decide the case accordingly and the court shall pass the decree as per compromise in the Lok Adalath.
jayakumar
(Querist) 12 July 2013
Dear Sir, Many thanks for your expert advice. Please clarify whether
a) Registering a consent decree obtained from a court with the Sub Registrar attract any stamp duty. Whether it's dependent on the value of the property. The stamp duty originally paid in full when the site was purchased and registered with Sub Registrar in 1998. As per the consent decree my site dimension reduced. Pl clarify whether there will be any stamp duty for registration.
b) while registering the consent decree with the Sub Registrar, whether all the parties named in the compromise deed required to be present to register the consent decree at Sub Registrar's office.
