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akhil   22 February 2015

Addition of witness / chnage in witness status (gift deed)

Sir,

My parents and my uncle have registered their land in my name as Gift Deed . This was signed by the scribe & 1 Witness . The scribe signed as a witness as well, But it is not mentioned in the document that the scribe has signed with both the capacity of a scribe & witness.

Is there any way to correct the same or add an additional witness ? I dont want this to become a complication in future if someone else challenges the deed. What should I be doing ?

Pls help



Learning

 4 Replies

saravanan s (legal advisor)     22 February 2015

correct it through a rectification deed

akhil   22 February 2015

Thank you sir, I did check for the same with the Sub Registrar, but he mentioned that Rectification deed cant be applied in this case.

Advocate Ravinder (Advocate/Attorney)     23 February 2015

Meet District Registrar and explain your problem and tell him that sub registrar is not accepting. Even there is no solution from Dist Registrar, then follow the below procedure. In that case prepare a sworn declaration on Rs.100/- NJ stamp paper with all the parties i.e. your parents, your uncle, one witness and the scribe stating that the "scribe has signed with both the capacity of a scribe & witness."

T. Kalaiselvan, Advocate (Advocate)     23 February 2015

There is nothing wrong in scribe signing as an attesting witness too, moreover, in addition there is another independent witness attesting the deed, hence there is no need for a rectification deed nor there is a necessity to rectify anything in it.  dont put lot of things in mind and get confused, the deed is legally valid.


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