Sir We bought a plot in 2007 beside Road and all direction house owner name mentioned in my stamp paper but after some time I saw my plot number mention in stamp paper wrong also in registry and around plot and road name is correct except plot number ( mention plot number in stamp of another location) we verify immediately that's eventually I saw wrong and then we insist to owner to please do correct the number of my plot he refused. Then we file case in civil court 420, 419 and now 8 year over there didn't give out any conclusion of court Please suggest me what I have to do 8 year we lost for this case can it be correct by high court? Owner are not ready to do correction this number Without owner can I do? I have all stamp paper there mention I paid him and all around area mentioned in stamp My house constructed in 2007 in this plot we have been paying electricity bill since 2010 by mine name. Please suggest me how can I do this plot to own name. Now a days he threat me that I will sell your house because plot is mine name. It's serious please give me exact answer where I can solve this as soon as possible I need proper answer
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Hello,
You cannot approach the High Court for any relief in this matter. Since the case has been filed in the civil court is not with regards to changing the details in the sale deed therefore it is advised that you move an application before the civil court under the appropriate sections of the specific relief act.
You may also try and file a FIR, and since you are in the possession of the land it is impossible for the other party to claim rights on the land easily.
Regards
1) A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
2)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.
. 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
4) you have stated that you have already filed suit in civil court . wait for court orders
5) you can seek injunction restraining owner from selling the plot
1. 420 anf 419 are penal offences, for which you could not have filed a case in 'civil court'. You must have filed a criminal complaint in the court of the competent magistrate.
2. What you should have done was to file a civil suit for mandatory injunction against the seller to direct him to execute the rectification deed in your favour. If you haven't done it then do it even now and also seek temporary injunction to restrain him from alienating the property during the pendency of the suit.
Hii, you could file s suit for specific performance and permanent Injuction .. Till now you have file s criminal complaint , but to claim over the property file a civil suit of SP and PI ( mentioned above) , as court will grant you stay over the possession over the property , till the final decesion of case , so that the owner could not sell it to some other person
Dear sir Above as per your stated that I may try to FILe FIR. Can I file FIR if already case register in district court? 2- court are only punish to seller if he would imprisonment by court then court can order for correction of my plot number? 3- do you have any another remedies because I am also can not sell until not correction.? 4- is it possible to be correction plot number if seller not ready to do this correction And if is not ready can I do without him.? Pls suggest me proper guidance How much time to take it solve
That is the thing Sir you can not get the rectification deed done without the presence of the person who was the seller. And if the seller is refusing to come then you can file an application under specific provision of SRA to get the work done without the presence of the seller.
I am asking you to register an FIR because he is now threatening you, this has no relation to the previous FIR filed by you.
Regards
1)you can file criminal complaint if civil case has been registered
2) in civil cases court would order rectification of the sale deed
3) have already advised you to file suit under section 26 of specific relief act
You should not have gone for criminal case and wasted so many years till this date.
This is a civil mater.
You could have given a legal notice to the vendor to rectify the plot number by executing a registered rectification deed.
If he has not done it then yo cold have dragged him to civil court through which you could have got the specific relief or could have got your correct plot declared by filing a declaration suit.
Even now you can consult a lawyer and file this suit for making things alright.
1. Since you have already lodged criminal complaint a fresh complaint may not be maintainable.
2. In criminal court the result will be only punishment and you canot get the civil reliefs.
3. Filing a suit for specific relief would be an alternative suggestion.
4 You have to aproach civil curt with a suit appropriately as per the prevailing circumstances