1) deed of rectification has to be executed by legal heirs of seller to rectify the mistake in area of land mentioned .
2)deed of rectification should be duly stamped and registered
Patta vs registered document
In 1986 my father bought a land of 2.44.63 acres of land. Patta and FMB for the land is mentioned with 0.99 hectares which is 2.44.63 in acres which was measured and found correct. Since parent documents are mentioned only with 2.25 acres my father document also carrying the same value but myself and my sister are enjoying 2.44.63 acres. But Survey Department has not done any demarcation. Now how to adjust 19.62 cents which is the difference between patta, fmb and the registered document. Note: the seller or his legal heirs and my father were no more. Please advise.
Asked 6 years ago in Property Law
Religion: Christian
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10 Answers
Sir if no legal heir of the seller is available then in that case since you cannot make a rectification deed you need to file a declaration suit before the court declaring your ownership over the 19 .62 cents based on the Patta further the land can be sold on based on PATTA as it is also document of ownership.
You need to file a declaration suit before the jurisdiction court declaring your ownership over the 19 .62 cents based on the Patta. Since the seller or his legal heirs are not alive you cannot get a rectification deed executed as such approaching court is the only option.
If you are enjoying more than what has been specified in the document, then, it may belong to someone. If you are still of the view that 19.62 cents belongs to your father, then request the surveyor to measure, demarcate and fence. Also, in jammapandhi, request the VAO the process to make the necessary changes.
1) You can apply for demarcation in the government office in your area and update the new area accordingly in records.
You have to file a petition at the district court making the land registrar and the tahsildar concerned as respondents, and seek orders from the court directing them to rectify their records so as to reflect the factual position.
Dear Sir,
You may apply to the Higher Revenue officer to rectify the said anomaly. If not consider you can approach High Court and get a direction to the concerned survey department or revenue department.
Bow you cannot file a rectification deed to add the extra extent of the property to the registered sale deed as a rectification.
The original vendor or his legal heirs are required to execute a rectification deed.
You cannot even file a declaratory suit for this additional extent officer land in your possession.
Firslty, there is always been a limitation period for everthing in the law.
Secondly, though the case pertaining to you me case may not have any limitation period as it is not disputed by any one till now.
Thirdly, you please contact the concerned department for demarcation and change in the document as soon as possible.
They may suggest you some procedural aspects, so please go by it.
Rest you can have a detail talk with me over phone through Kanoon.
Good Luck...!
You can contact the subregistrar office and get a registered rectification deed executed.
