You should now register a cancellation of recttification deed and not a 2nd rectification deed.
Rectification deed cancellation
I have procured farming land in year 2013. In later verifications of 2015 the surveyer has felt that the survey number booked is not correct (94/3 =4cents & 94/2=105 cents ) and so we have requested vender for rectification deed and as they cooperated we have completed it. Now as per new rectification the total 109cents are booked on survey number 94/2A. But actually this rectification is wrong and it was identified by new surveyor. That means the rectification deed is wrong and the past survey numbers are correct. (i.e: 94/3 =4cents & 94/2=105 cents ) So mro office has issued me another endorcement letter. Now registrar has objected for another rectification deed against 2015 rectification deed. We are now need a legal advice/solution on this crisis. Pl advice me in This matter. P. Ramaiah chowdary
Asked 7 years ago in Civil Law
11 Answers
Were there is any simple method of cancellation with out involving vendor again because the family head is expired and son is in usa
Asked 7 years ago
See now what can be done is either a deed of cancellation of rectification deed is drafted and registered if sub registrar fails to register same then a suit for cancellation of rectification deed has to be file under specific relief act since the other party will help you it wont take long and the rectification deed can be cancelled and original deed will stand.
Deed of rectification can be cancelled with mutual consent
2) if registrar refuses to register deed of rectification seek court orders to direct registrar to permit registration of cancellation of rectification deed
1) One should try to re register rectification deed along with new title owner and get registered it.
Vendor presence is necessary for execution of deed of cancellation of rectification deed
Well, due to wrong mentioning of survey number your title in the property is not affected in any manner.
So make another deed of rectification with the vendor or his legal heirs who are available to make this deed.
Do note that sale deed once validly executed and registered can not be cancelled by the parties.
Only in the case of void deed the court on proof of its illegality can declare the sale as null and void.
The registrar has no power to refuse registration
Has he passed any written order of refusal?
You will have to write to the senior of the registrar
- As per the information mentioned in the present query, makes it clear that you got the deed rectified once,but now again there is some wrong or right data is available.
- Yes, you need to make an application/ deed for the cancelation of the ractified deed.
- The vendor need not to be here, if he can give POA in someone’s favour to sign on his behalf.
- He should also mention as he is the survivor of the original vendor. Get it notaried there and send that to this person here.
You may take a letter from the MRO on this besides the enforcement letter.
Let the SRO refuse to register, you may prefer an appeal before the DRO or an appellate authority.
If that's also not yielding desired result, you may approach court with a declaratory suit seeking declaration of proper details.
It's not cancellation but a rectification deed, which has to be executed by the vendor and in his absence, by his legal representatives.
You can file a cancellation of the said rectification deed or executing new rectification deed.
