deed of rectification has to be executed between Y and X
2) further deed of rectifcation has to be executed between you and X to rectify the mistake in survey nos
3) merely regsitering rectifcation deed between you and X would not resolve the issue
Incorrect survey number in sales agreement
Hello All, I have bought a flat from X. X has bought it from Y 3 years ago who had purchased it from Builder 5 years ago. The flat is situated in Thane, Maharashtra. We later realised the survey no mentioned in sales agreement between us and X as well as X and Y is wrong. However, the survey no. between Y and Builder is correct. It seems the error was introduced between X and Y's sales agreement which propagated to ours sales agreement. Y is not traceable now. X is ok to register a correction deed (rectification of deed). Would it solve the issue?
Asked 7 years ago in Property Law
Religion: Muslim
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5 Answers
Sales agreement pales into insignificance once the sale deed has been executed by the seller in favour of the buyer. If the correct survey number has been mentioned in the sale deed then nothing is required to be done, but if it is incorrect even in the sale deed then a rectification deed should be executed by the seller in your favour.
If I search for Y and he denies to sign rectification deed, is there any legal steps can be taken for the same? What can be a expected time line for it?
Asked 7 years ago
1)you 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.
.2) 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.
3) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit
The original vendor wherein the error occurred, If is ready to cooperate and execute a registered rectification deed you may go ahead with the same directly in your favour on the basis of the registered sale deed in your name. This is a valid transaction.
If Y is refusing to execute a registered rectification deed, you may issue a legal notice to him and can drag him to court for the relief filing a suit for specific relief.
Alternately the original vendor can execute the rectification deed directly in your favour.