A rectification deed needs to be done by both of you to change the schedule. In case he is not traceable please file a suit for declaration that the property mentioned is one and same and get decree from court. Produce the decree copy to the sub registrar to make necessary changes.

Deed of rectification has to be executed between the landlord and original seller to reflect correct boundaries of plot

2) deed should be duly stamped and registered

Litigation is long drawn process and may take some years to be disposed of

You can execute a registered confirmation deed with the legal heirs if the said seller. The same will serve the purpose.

It may take six months to one year depending on jurisdiction court where you file the case. Also the advocate whom you appoint and how well he will handle your case that will depend. Since you are already owner just you are seeking it to be rectified it won't take long.

This is my response to you:

1. Try executing a Rectification Deed;

2. Find the seller if possible at the last known address;

3. You can approach the registrar of your area and rectify the errors;

4. If you go to court and the seller is not traceable then the court can pass ex-parte decree in your favour.

You'll have to have a rectification deed executed by the seller and get it registered.

Owner is not traceable now and i wanted to know how much time it will take to get a decree from court to change the document?

A. If owner is not traceable, you'll have to approach civil court and file a suit for declaration to get the rectifications done.

In my opinion, you can sell the property based on the title of 2001 where the correct boundaries are mentioned. However, in case buyer object and insist for correction in title of 1987, you can put a para in the new sale deed that in title of 1987 boundaries wrongly mentioned as:

North : Plot 82

South : Plot 81A

East : 25' Road

West : Plot no 112

Whereas it should have been:

North : Plot 82

South : Plot 81A

East : Neighbors Land

West : 25' Road

There is typographical error and cannot be corrected as the seller is not traceable. The 25' road is on the west of the property and not on the east. However, in case there is any dispute regarding the boundaries of this property in future, the seller shall indemnify the same to the buyer.

I think the above would clear the ambiguity in the chain of title.

Dear Client,

Whats the need for any rectification. Deed through which Your father acquired the property bears correct details.

Secondly, to rectify GAP. Those parties will required Who executed GPA.

And May be in 87 that was the situation so it is mention in GPA.

For sale of property last sale deed is sufficient.

Through GPA no perfect sale. Lest those party stated claim if u search them to apply rectification. Through court long process amd court will summon them and they may raise objection to title.

Hi

1) Since the 1987 document was executed between the vendor who sold you the property and then predecessor owner and that there is a time gap of more than 30 years, the 1987 document cannot be amended even if parties are available.

2) Whereas the 2001 document through which you had purchased the property contains the correct boundaries,, your father during his life time should have ideally applied for rectification of boundaries through Revenue Divisional office/ District Registrar within 3 years i.e on or before 2004. However the rectification of boundaries was not done during your father's life time .

3) Since your father had passed away recently in the year 2016 and that more than 17 years have passed from the date of sale deed, you as your father's legal heir should approach the District court and file a suit for declaratory title on the following grounds:

a) Your boundaries in sale deed and actual location are matching and correct

and

b) You are in possession of the property since 2016 and prior to you, your father was in possession of the said property from 2001 and previously the vendor from whom your father had purchased has been in possession since 1987 and hence you and your predecessor's in interest are in continuous possession of property since 1987

and

c) That you have obtained building permissions(if available) and have been paying property tax, electricity bills etc since the year 2001.

P.S: Prior to filing of suit, you should get a FMB Sketch( Survey) done by Revenue Inspector at MRO office and submit the same with certified copies in the court.

Hope this information is useful.

1. If the khasra number of the property is correctly mentioned in the sale deed then the mere discrepancy in mentioning the boundaries of the property does not bring any cloud over the title.

2. It will be next to impossible to trace out the seller of 1987, and even if you manage to trace him out he will most likely refuse to undergo this ordeal having sold the property 3 decades back.

3. Getting a decree from the court to change the boundaries of the property is an unwise step.

1. you will have to file a suit for getting the rectification done

2. file suit against the unknown legal heirs of original owner

3. the suit will be notified to the legal heirs or to the original owner if he is alive, through publication in newspapers through public notice

4. if no one appears from the defendant side, and the suit is not contested, then court will pass ex parte decree in absence of defendants

5. the time for the suit depends from court to court

6. you can always make an application for expeditious disposal of the suit citing the reason that you intend to sell the property

Even though the seller is not traceable you may issue a notice by registered post to the seller's known address instructing him to rectify the error by executing a rectification deed, get the notice sent by registered post returned undelivered after which you approach the registrar's office with an application for rectification deed, let them also reject it, collect all those evidences and approach civil court seeking direction to the registrar to permit you to execute a rectification deed on the basis of the records held in your possession as well as the documentary evidences tro prove your case.

The court direction will enable you to approach the registrar for the task to be accomplished.

Since the respondent i.e., the seller is not traceable, you will get a judgment within six months, because the registrar, as a party has nothing to object to this, hence if your advocate wishes, he can get the case disposed within six months period too.