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Ramachandiran (Engineer)     12 December 2013

Deed of declaration

Dear Sir,

I am planning to buy a property from Mr.X and have below concern.

Mr. X bought this property Mr. Y in 1993 and has recently noticed a mistake in the site facing & boundaries.

East to West: 40 feet and North to south: 60 feet Instead of East to West 60 feet and North to south: 40 feet.

East by House no:2 West by House no: 4 North by Road Instead of North by House no:2 , west by Road etc.

Site No remains same.

Mr.X made a Deed of Declaration on 2013(after 20 years) to rectify the above said mistake without involving Mr.Y. This is signed by Sub Registrar and is reflected in EC as well.

My question is: Is it legal to rectify the mistake without involving the original seller ? 

What are the consequences with this ? or what is the right way if there is an issue with this?

Thanks in advance,

Ramachandiran

 

 

 

 



Learning

 5 Replies

karthikeyan (Software Engineer)     13 December 2013

Dear Friend,

     FYI..

https://articles.economictimes.indiatimes.com/2010-05-23/news/28381971_1_sale-deed-stamp-duty-rectification

 

I believe this might help u. Kindly check with Lawyer

T. Kalaiselvan, Advocate (Advocate)     13 December 2013

Ramachandran,

Mr. Karthikeyan has given some useful tips, as per the link, the important aspects are " In case the original deed is registered, one should get the rectification deed also registered. And pay the requisite stamp duty and registration charges as per the laws in force in the State. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.

In case some of the parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

The aggrieved party may institute a suit to have the deed rectified. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary. The relief won't prejudice the rights acquired by a third party in good faith for value.

It is to be noted that the mistake should pertain to facts only and should not be a mistake of law. Mistakes of law cannot be rectified through a rectification deed and a separate procedure needs to be followed."

Hope you understand from the above contents the under lying consequences, so consult a local lawyer with your papers and proceed further.

 

Ramachandiran (Engineer)     14 December 2013

Thanks Mr. Kathikeyan for the usefule link.

My lawyer advised me to inform the Owner to get the Rectification deed done with Original owners consent.  

 

Ramachandiran (Engineer)     14 December 2013

Thanks Kalaiselvan for the useful information. Yes, I am in touch with the lawyer.. Will come back if some clarification needed.

 

Thanks & Regards,

Ram

 

Jitheeshkumar (project engineer)     15 January 2014

i have booked one apartment and my property deed has some typographical error and my  builder has made GPA and declaration deed.

What i have to do , can i continue with this deal or not.


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