Abhimanyu (AE) 27 February 2015

Rectification of sales deed in case deceased vendor

Greetings Members,

I am planning to buy a property but the last recent Sales deed is having mistake in providing the "schedule of propery" i.e. mistake in providing the plot number in the East of the plot which i am going to buy. I heard from some one that first we need to go for "rectification deed" to resolve the issue but the issue is that the person who sold it to current owner is no more.

Now i don't how we should proceed in this kind of situation.

You all are requested to reply this query and suggest the all possible ways including detailed procedure.

Any Inputs will be greatly appreciated.

Waiting for your quick reply please.

Thanks & Best Regards

Abhimanyu

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3 Replies

saravanan s (legal advisor) 28 February 2015

I think you can execute it with the legal heir of the deceased person

Advocate Ravinder (Advocate/Attorney) 01 March 2015

If the original owner had died, you have to request the legal heirs to sign on rectification deed. The legal heirs may demand some remuneration from you. If it is reasonable pay them and get the rectification done. If they demand exhorbitantly, you have to file a civil suit and has to file mandatory injunction request the court to direct the legal heirs to sign on rectification. If they fail to come to the court, they will set exparte and the court directs the sub registrar to get it done by itself i.e. by the sub registrar.

T. Kalaiselvan, Advocate (Advocate) 03 March 2015

You have stated that you are planning to buy, it means you have not bought the property yet. If you have not purchased yet, ask the vendor to get the proper sale deed executed in his favor before he is selling it to you. Always take an opinion from a local lawyer before purchasing any property which will avoid future litigation.