See you should file a suit before the court for rectification of the sale deed in the civil court . The court will pass order that would be perfect.
Error in Residential Plot Boundaries
Hi I bought a plot in 2014 from a layout promoter in chennai, tamilnadu and executed the sale deed. However, while trying to sell it now, I found that the plot boundaries on the east and west side are interchanged in the schedule of the property. The road is on west side, neighbor plot on east side as per layout plan. But it was wrongly typed (in sale deed schedule of property) as road on east side and neighbor plot on west side. I now have patta and all other approvals in my name I tried to trace the promoter, however, that company has been sold off and could not trace him. I cannot execute the rectification deed in his absence. I was told that since the error is factual and not affecting my title, I can sign and register in subregistrar's office, a declaration affidavit by paying 100 rs stamp duty. Please confirm if this process is fine. If not, what else can be done to rectify this typing error. Thanks in advance.
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
1) No the rectification deed will be not useful here you need to apply for new layout demarcation marking in tahsildar office and and playout plan accordingly sanctioned by government layout plan.
you may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.
.2) The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.
3) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit
1. FIRSTLY apply to the Revenue Dept. (Tahsil office) for proper survey, by following due procedure of law.
2. By annexing the Survey Report, file unilateral "declaration deed", by incorporating strategic clauses, news paper notices, notices to immediate neighbors. This shall be final for all futuristic legal purposes.
Keep Smiling .... Hemant Agarwal
Though a court order would be Ideal, That may take long time I understand and I have a party waiting for buying. As Hemant suggests, I already have got the land survey done twice, first for individual patta transfer to my name (that is during subdivision of existing layout group patta to individual patta for my plot alone), and second time for getting my plot regularized as DTCP approved recently ( which involved submission of survey maps from a surveyor, which I have copies of). Wont this be enough for declaration deed? Also, If i register this declaration deed with all the above documents, will teh EC be updated correctly showing the boundry?
Asked 7 years ago
1. Based on the earlier described documents, move application before the dist. collector's office, for related corrections.
2. Survey Report should be procured from the official Revenue dept., surveyor and not a private surveyor.
3. IF 100% possession is available, THEN sell property and give indemnity bond to the purchaser.
1) Yes, if you have survey approved by DTCP then you can register declaration deed and can able to sale this plot. If buyer is ready to take with his understanding.
The documents would be sufficient for declaration deed
it is better you file suit under specific relief act obtain court orders then sell the property
A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.
A deceleration done by you can be also done if the buyer doesn't have any objection to it.
If the affidavit on a Rs. 100/- non judicial stamp paper will solve the purpose you may carry on, but if this is not possible then you may have to initiate legal process.
i.e., you can file a declaratory suit to declare correct check boundaries of your property as per the details available in the revenue department in respect of your property, with a direction to the registrar to register a rectification deed in this regard executed by you.
The declaration deed cannot be sufficient to reflect an entry in the EC.
You have to get an order from court in this regard and also a direction to the sub-registrar to register the rectification deed rectifying the error in the schedule of property, after which the EC will be updated.
You need to file a suit in court for the same and obtain directions from court for clear title and specifications of the said property
