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Vijaykumar (Legal Offier)     23 April 2014

Rectification of sale deed

Dear all, 

A person bought a piece of land from Co-operative Housing  Society in Karnataka by means of execution of deed of sale(registered). The dimensions of the land as mentioned  in the sale deed is 50 ft. x 80 ft. and it is correct. However, the total area got printed as 3700 sq. ft. which should have been 4000 sq.ft instead. I understand that the rectification can carried out by executing a supplementary/ rectification deed. This is possible, when all the parties mutually agree to such changes.

In the present case, the aforementioned Co-operative housing society has been dissolved/wounded up and is no longer into existence.

 Now my query is how the error in the original sale deed should be corrected? Will the person be required to file a suit under specific relief act, since the other party to the agreement does not exist anymore? Also is he required to pay the stamp duty on the additional 300 sq. ft.? Is there any other way to get the error rectified? 

Looking forward to hearing from the experts on this matter. 

Thanking you in anticipation

Vijaykumar



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 April 2014

You have to approach and file an application to Registrar/commissioner of cooperative housing societies in your state. 

2 Like

Vijaykumar (Legal Offier)     23 April 2014

Dear Mr. Ramachary, 

Thank you for your reply. Could you please be more specific?

Thanks

Vijaykumar

malipeddi jaggarao (retired banker)     23 April 2014

Since Co-operative Housing Society is not in existence at present, it can be represented by District Co-operative Sub-Registrar or Registrar or Co-op.Socieities.  You will have to apply to them stating that for rectification deed consent of the seller is necessary as the seller is non-existence co-op.society, these officials can represent the co-op.housing society by joining in the request for rectification and execution of rectification deed.  They can give a suitable affidavit to the Registrar or Assurances for rectification.

2 Like

Vijaykumar (Legal Offier)     24 April 2014

Dear Mr. Jaggarao, 

Thank you for your response on my query. I would like to know if there is any particular form or any specific format in which the application to the Joint Registrar of Co-operative Societies is to be made?

Regards

Vijaykumar


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