Deed of rectification can be executed to show road on left han d site in your documents
2) deed of rectification should be duly stamped and registered
3) then apply for building plan and home loan
Me and my brother purchased an approved residential single site in 2012 and then divided the same into 2 sites -West side to me and East side to my brother and got registered. The document writer has committed a mistake by not showing the road to the West Side in my document ,but has written "L type bit measuring 10 feet in the East side site belong to both parties and can be used as a road to the West sided site." in my brothers document. Now with this document I am unable to apply for the building approval for the West side site as the road is not shown for the same. Please provide a solution for this issue and to get building plan approval and home loan.
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Deed of rectification can be executed to show road on left han d site in your documents
2) deed of rectification should be duly stamped and registered
3) then apply for building plan and home loan
Do I need to get sign again from the sellers for rectification deed .If so one partner of sellers is dead or can I get some land from my brothers site for road to west side of site. Please suggest ............
Deed of rectification has to be executed by the sellers
2) even if one of partners of the form is dead the firm can execute deed of rectification
3) you can get sone land from brother site if he is willing to do so
Sir, You would not need to get sign again from the sellers as it was sold as single site. You need to talk to a property lawyer to create rectification deed and that also need to be registered and stamp duty should be paid accordingly.
While answering to your other question on providing solution to get building plan approval and home loan. we need discussion on other eligibility criteria.
Thanks,
Adv.Niranjan,
Mob - .
Now with this document I am unable to apply for the building approval for the West side site as the road is not shown for the same.
Please provide a solution for this issue and to get building plan approval and home loan
Since this error is found in the duly executed registered partition deed between you both, now you both can get a rectification deed rectified by rectifying or amending the desired correction observed in the original deed.
Do I need to get sign again from the sellers for rectification deed .If so one partner of sellers is dead or can I get some land from my brothers site for road to west side of site. Please suggest .........
If this error is in your registered partition deed alone, then you dont need the signature or execution by your original vendor.
But if it is in the original sale deed, then the original vendor must execute a registered rectification deed.
No stamp duty is required to be paid for it except the registration charges.