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Suresh Iyer   03 August 2023

Rectification of conveyance deed

Respected sir

We are having our society Nav MATRU PITRU KRUPA CHS GUPTE ROAD GAVDEVI SOCIETY DOMBIVLI WEST.

We have Registered our regular conveyance deed in the year December 2008.

In this regard we have found that the survey number has been wrongly typed as 86 instead of 85 . This is also wrongly reflecting in the Index copy of the same

Since we have not observed the mistake earlier and also land owner who has signed the conveyance deed is not alive and legal heirs also not traceable. We wish to get the same rectified

Kindly provide the solution for getting the correction done regarding the correct survey number in our conveyance deed

Suresh Iyer 

 



Learning

 14 Replies

T. Kalaiselvan, Advocate (Advocate)     03 August 2023

You take steps to issue legal notice to the deceased owner and get it returned undelivered, after that you can file a suit for declaration to declare the correct survey number and seek direction to the concerned sub registrar to pemit you to execute the registered rectification deed rectifying the defect. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     03 August 2023

Yes.  You have to get a direction to the Sub Registrar from the court to accept the document for registration.  Now in some states, the state Government issued orders in such cases to accept the declaration from the buyer when the original owner is not alive and the whereabouts of the legal heirs are not known.

Suresh Iyer   03 August 2023

Sir

Thanks for the solution provided.

We are only concerned with the time that will be taken to get the necessary directives from the court to the sub registrar.

Regards

Suresh Iyer 

 

 

kavksatyanarayana (subregistrar/supdt.(retired))     03 August 2023

Ok. Proceed.

T. Kalaiselvan, Advocate (Advocate)     04 August 2023

Since the same has been delayed for decades together, the process now suggested would not take much time, hence you can very well afford for the time taken now. In my opinion this case should be completed within 6 months because the seller is not alive and no whereabouts of the legal heirs, besides the second defendant will be sub registrar, he will not offer any objections to this, hence your case should be disposed at the earliest, hence you may decide what can be done on it.

Vikash Tiwari   04 August 2023

1. Issue notice to rectify inadvertent error

2. You yourself can register a declaration cum indemnity in same registrar office 

Dr. J C Vashista (Advocate )     04 August 2023

Get rectification deed registered 

Suresh Iyer   04 August 2023

Sir

Thanks for your support and suggestions

In this case as advised we are facing problem of rectification deed as both the parties are not available i.e land owner is expired and legal heirs are not traceable or not cooperative

Suresh Iyer 

Mr. Sumitra kumar (Advocate)     05 August 2023

@Querist,

Is plot no. AND boundary correct? Also,I could be in position to tell you more in accordance with the declaration made my be on my profile page if you would be able tell what documents are you inspecting-A Khatian?

 

Thank you.

Dr. J C Vashista (Advocate )     06 August 2023

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Suresh Iyer   07 August 2023

Sir

I wish to know if there was a typo error in the survey number in the year 2008 for which rectification not possible now in the conveyance deed since the land owner has expired

Now can we go for deemed conveyance leaving aside the regular conveyance .

Will there be kind of hurdles for our society

Kindly guide me

Suresh Iyer 

Mr. Sumitra kumar (Advocate)     08 August 2023

@Querist,

I hope you have read the declaration made by me on my profile page. First, you should ask your question correctly. From your language, it seems that that you are newbie in the world of land laws. Conveyance essential means transfer and not part of Survey. If the conveyance(sale deed etc.) document contains an error regarding "Survey Plor No.", then the procedure is different. If survey record is having discrepecies, then yet another procedure is to be followed.

Note-

My next reply will come only if you meet the requirement of my declaration page.

 

Thank you.

Suresh Iyer   08 August 2023

Originally posted by : Sumitra kumar

@Querist,Is plot no. AND boundary correct? Also,I could be in position to tell you more in accordance with the declaration made my be on my profile page if you would be able tell what documents are you inspecting-A Khatian? Thank you.

 

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