• Can I change boundaries of gift deed who was gifted me died (my father) in telangana

Sir my father register gifted me agriculture land.there are small mistakes in boundaries in gift deed but father died recently. Can I rectify my boundaries of gift deed.plz .. what are legal procedure
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

If there Is mistake in boundaries Since your father has passed away file a suit for declaration in jurisdiction court to rectify mistake in gift deed and to declare you as owner of the property with proper measurement. The survey number should be same for the court to properly adjudicate on matter also if you have rtc those needs to be provided to court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Rectification or Confirmation deeds are also known as correction deeds. They are entered between two parties to rectify any errors made in a previous deed. These errors may include typing error, misspelt name, error in property description, or any other error in execution of the documents. These mistakes can be later corrected through a deed of confirmation.

Conditions

(a) The error must be genuine

(b) It must be inadvertent, not intentional

(c) donor and donee must agree to the rectification thereof.

(d) in case donor died his class 1 heir (widow)

The Indian Registration Act recognises confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in immovable property needs to be registered. The confirmation may be given either by acquiescence, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.

Registration charges and stamp duty are to be paid by the parties as per the laws of the state.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Well, if the defect is in numbers only and not in measurement of land so far transferred then the said mistake can be done by you unilaterally by making a deed of rectification which requires registration.

2. There is nominal stamp duty involved and hence there is not much complications involved.

3. So engage a local advocate and do as advised above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

For that you have to file a declaration suit as now since father has expired no rectification deed can be made.

You can approach civil court to declare the actual boundaries and mistake in the deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

If the mistakes are in the gift deed and the original piece of land is more than the gift then you have to prove that the intention of your father was to gift you the whole property and if no one objects to it you can give a representation to the sdm and he will decide accordingly.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You cannot rectify the boundaries in gift deed

2) your father legal heirs can execute deed of rectification to rectify the mistake in boundaries

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) No you can't rectify the gift deed, but you can fix boundaries as per your wish by mutual understanding between you and other party.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Since the donor has died subsequent to the execution of the gift deed a rectification deed cannot be executed. The remedy for you is to file a civil suit for declaration to declare you the title holder of the land in question with the accurate boundaries.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please execute the gifted first and later file a civil suit in the Court to rectify the boundaries of the land as per land records

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi,

You may do the necessary rectification by changing the records at registrar's office. Apply threre first and if the application is not heard, go to court for a declaration suit.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

Yes you can now file an application for change in the details of the gift deed.

Rather, you get the same mutated and then file an application for change in the measurement of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A registered rectification deed may be executed to rectify the boundary marking issues by the legal heirs of your father.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

1. You can not rectify the schedule of the gifted property mentioned in the said gift deed registered by your father.

2. You shall have to file a declaratory suit praying or a declaration that there was an error made in the said gift deed registered by your father in mentioning the boundaries of the gifted property which is required to be corrected by the registrar.

3. Based on the said court order, the Registrar will correct the error made in the said gift deed and mention the correct boundaries as mentioned by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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