Rectification Deed
SONTHA SUDHAKAR
(Querist) 02 March 2010
This query is : Resolved
Sir,
There is a mistake in respect of T. S. Number in registered simple mortgage deed. The deed has been executed by the mortgagor in the year 2008. the mortgagor has failed to dischrge the amount. On verification of the documents it has found that, there is typographical error in respect of T. S. No. the mortgagor is absconding. In the absence of mortgagor the mortgagee can approach the Sub-registrar for the registeration of rectification deed, if not what is the procedure for registering rectification deed.
adv. rajeev ( rajoo )
(Expert) 02 March 2010
No mortgagee cannot approach the sub registrar for the registration of rectification deed because mortgage deed will always signed by the mortgagor. The mistage is TS No. is not a big problem, always boundaries prevails over.
SONTHA SUDHAKAR
(Querist) 03 March 2010
Sir,
Thank you for your kindly reply. As there is a mistake in respect of T. S. No. the registered document is not reflected in the encumbrance certificate. When it has not been reflected in the E.C., what will be legal position. Can the mortgagee publish in the paper publication stating that, the mortgagor has mortgaged the property fully described in the schedule (as per the sale deed) and (as per the mortgage deed) by mentioning the mistake. of T. S. No. in the mortgage deed.
Khaleel Ahmed Mohammed
(Expert) 03 March 2010
Both parties can make such ammendment .In your case mortgagor is absconded. Issue a legal notice to the mortgagor in respect of rectification of mistake.Later a civil suit may be filed.
SONTHA SUDHAKAR
(Querist) 10 March 2010
Sir,
I have filed a complaint before the District Form for the damages for the supply of defective irrigation pvc pipes. The damaged pipes have to send to the lab for the analysis. Kindly let me know the address of recognized laboratories situated in Karnataka state.
SONTHA SUDHAKAR
(Querist) 23 March 2010
MUSLIM LAW
Sir,
The property purchased by X on 22.01.1901 through a registered sale deed. The property Gifted to Court Mohall by X on 01.11.1930 through a registered gift deed. Later on he executed a WILL on 10.01.1931 in favour of his daughter; the said WILL is not registered one. On the date of executing the Gift Deed in favour of Mohall he was Muthavalli. The property has not given possession to the Mohall by X. Since the date of Gift till to-day the property is in possession and enjoyment by X and his legal heirs. The legal heirs of X are paying property tax and their names’ are shown in the city survey records since then and city corporation records. There was Gazette notification 1965 by the wakf board the list of properties of the wakf, which includes the disputed property. Now the mosque is claiming property and wakf board held that the legal heirs of X are trespassers and encroachers and initiated proceedings under section 54 (3). Kindly let me the position of law. If possible citations may be referred.
01. The possession is not given by X to mosque
02. Gift has not accepted by mosque
03. Property not transferred in favour of Mohall
04. WILL executed by X in favour of daughter
05. The donor can cancel the Gift
Regards
Sontha Sudhakar
