Rectification deed for settlement deed
Siva
(Querist) 31 July 2013
This query is : Resolved
Dear Sir,
I need your proper guidance before i act in this matter, One of my clients mother has executed a Settlement deed wide Doc.No.826/2013 Dated 08/05/2013 in Tamilnadu.
After this execution of this document (settlement deed) we approached VAO to change patta, chitta and other revenue records, but he refused to do the changes and raised some objections that the description of property stats that Old S.F.No.150/1 instead of New Natham Re-S.F.No.150/9B. Also he suggested to execute Rectification Deed, after that only the revenue records will be changed.
Finally, we approached the Sub-registrar, to execute the Rectification Deed with format, but she refused to accept the rectification deed. Also she suggested to do cancel the Settlement Deed already executed wide Doc.No.826/2013 dated 08/05/2013 and re-execute the fresh Settlement Deed with all the changes we wish to made with full stamp duty (Rs. 10000/- stamp duty + 2150 Reg. fees)
We like to know,
1. Whether there is any option to do rectification deed for Settlement Deed?
2. Is the stamp duty for this rectification has to be paid again?
Based on one of the Hon'ble High Court Judgement:
Reading of section 47-B it is clear that changeability under Schedule I would be applicable only in cases where in the rectification deeds by making
change in description of property from the previous instrument, the valuation is sought to be altered. It may arise in cases where by rectification the extent of the property is sought to be increased or altered by which the value of the property or superstructure may get increased. In those cases, certainly by applying section 47-B of the Act, the difference in stamp duty can be recovered by making calculation as per Schedule I. In cases where by rectification, there is no alteration in the basic nature of the document, especially in the extent and valuation of the property or where the rectification is only in respect of technical aspect such as typographical
error or where the rectification is in respect of extent of property while the actual measurement remains unchanged, there is no question of application of Schedule I or application of section 47-A of the Act.
In this above case there is no modification / alteration / increase in the extent of the property, its clearly a technical aspect such as typographical error.
Kindly do the needful and oblige.
Thanking you,
Yours truly,
N.Siva.
Note: District Registrar also insist us to pay fresh stamp duty (Rs. 10000/- stamp duty + 2150 Reg. fees), all the officials only looking for the revenue of the Department.
R.K Nanda
(Expert) 31 July 2013
consult local lawyer.
prabhakar singh
(Expert) 31 July 2013
consult local lawyer can be an award answer!.
prabhakar singh
(Expert) 31 July 2013
Suppose i am your local lawyer then i shall refer you saying consult NANDA SIR!
prabhakar singh
(Expert) 31 July 2013
I fail to understand why people attend a query they feel disability answering them.
R.K Nanda
(Expert) 01 August 2013
stop writing derogatory remarks about me.
u have no right to comment on my reply.
apologise for ur remarks.
give ur reply and move ahead.
first u understand yourself.
Raj Kumar Makkad
(Expert) 06 August 2013
You have no need to pay additional duty as the rectification has only to be registered about the same property. You have to rectify only the new nos of the same property so you need not to cancel the already registered settlement deed as wrongly suggested by the revenue authorities and reh district registrar.
Raj Kumar Makkad
(Expert) 06 August 2013
The derogatory comments by Senior experts do not increase their respect among the experts and general litigants.
Raj Kumar Makkad
(Expert) 06 August 2013
If any ego fight is to be fought, that can be under PM and not on public platform.
