Hello, I am buying an agricultural land. The latest saledeed between the person I am buying from and who sold it to them is showing the land falling under 2 survey numbers when the survey report shows it is actually 3 survey numbers. This error in the sales deed needs to be rectified. The seller is suggesting that instead of rectification, he could do the cancellation of the latest deed. Both the parties of this sale deed Agree to the cancellation. It can then be registered in my name with all the 3 survey no’s, from the original seller. Is this possible and good under law? And who has the authority to do this: the registrar or court?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Sir the court has power to cancel the sale deed, in this case it would be best that they make a rectification deed to rectify the mistake in the sale deed same can be registered and then it can be sold to you.
In cancellation process a decree from court is required and on decree further stamp duty shall be paid that will cost them much and in court it can take some time like a month even if by mutual consent so better to do a rectification deed and then the same can be registered to you.
Hi
If both the parties to the original sale deed agree for cancellation and subsequently the original seller has to execute the sale deed in your favour.
Also the person who is now the seller should be arrayed as a consenting party in the new sale deed that is being registered in your favour.
Just ensure the following
a) Original seller is selling the land to you
b) The present seller is arrayed as consenting party and
c) The cancellation of the sale deed is also mentioned in your sale deed.
This should be good in law.
Court is required only when the parties do not agree for cancellation of deed as Registrar cannot unilaterally cancel the sale deed. However if parties to sale deed agree for cancellation, then sub- registrar will not have any objection , but he may refer the matter to District Registrar prior to cancellation so as to ensure there is No fraud or collusion played by the parties.
Hope this information is useful.
Better option is to execute deed of rectification
2) there is no need to go in for cancellation of sale deed and then execution of fresh sale in your name
The mistakes may be of various types. For example, the area of the property, its dimensions, location or the survey number may be wrong. These may be typographical errors or because of improper comparison with the property documents like the transfer deed, sale deed, title deed, revenue records etc.
These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.
There must have been a bonafide mistake where the original deed does not reflect the true intention of parties to the deed. The mistake should pertain to facts only. It should not be a mistake of law.
The parties to the agreement must concur to modify the original agreement by addition, deletion or rectification of any terms referred to in the already executed deed. The parties need to reduce the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
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.
Charges is minimun,no need to pay stamp duty again,contact with concerned Sub-Registrar office.
Citation
Madras High Court
T.C.Subramanian vs The Sub Registrar
1. When was the said sale deed registered?
2. Did your said seller mutated his name in connection with the said property?
3. If the said land was sold to him by the original owner long back, then it will be prudent on your part to insist for rectification deed.
4. If it has been recently registered then you can accept their registering the sale deed and the original owner's registering the sale deed directly in your name recording 3 survey numbers in the sale deed.
5. While getting the sale deed registered directly by the land owner, you shall have to ensure that his title deed mentioned all three Survey Nos.
Yes this is possible under law.
The court has the power to cancel the sale deed.
Though this is not the most viable option, but you will save a lot of time.
Regards
Sale deed can be cancelled only by filing suit in civil court for cancellation of sale deed. And it will take many months for judgement to get delivered. And they have to show reason for cancellation too. If valid reason is not found court will not order cancellation.
Rectification is the only suitable option. Cancellation is not needed. So go for rectification. And then on the basis of rectification deed you can register sale deed of your purchase.
Cancellation of sale deed will upset the chain of title and also mutation certificates which may have been sanctioned. Better go for a rectification deed and thereafter a sale deed can be executed by the present owner in your name the same day.
A registered document canot be cancelled at the fancies and whims of any individual.
For cancellation also they have to execute a registered deed which will again involve stamp duty.
Whereas for rectification deed, there is no stamp duty to be paid.
Well if they both agree for cancellation of the registered sale deed between them and the sub-registrar agrees for the execution of this registered cancellation deed, let them do it first, once it is confirmed through encumbrance certificate, you may take a legal opinion from a local lawyer and then proceed for purchase of the property which should be hassle free.
