1) Yes, you can make rectification deed but you have to pay stamp duty and registration charges as per current date in the sub registrar office.
Wrong property details in schedule
In 1993 vendor sold khaneshumari Katha number 103/4 measuring 30* 40 property to my mother, but actually our property fall in Sy.No. 48/3 ( total extent 4 guntas which is in the vendor's name out of larger extent 13 guntas)which is a private layout. Now vendor has made podhi ( in the year 2010) to the property and now the new sy. no is 48/10 ( where our property actually fall now). Here vendor is there but my mother ( purchaser) is not alive... My question is how to rectify sale deed ? Can it be rectified in my brother and my name by vendor ? ( Since we are the legal heirs).... Is it necessary to take consent from the legal heirs of vendor( who have 2 sons and One daughter) or vendor alone is sufficient to get rectification? Do we need to pay SR value again for the deed rectification in sub registrar office?
Asked 7 years ago in Property Law
Religion: Hindu
12 Answers
1) Deed of rectification can be executed by seller in favour of legal heirs
2) consent of legal heirs of seller is not necessary
3) it attracts nominal stamp duty
A rectification deed or an deed for amendment can be prepared along with the legal heirs of the deceased seller or buyer. If they are not available then you can file a civilsuit for declaring the actual boundaries survey number and correction in sale deed.
Thank you for suggestions...
Asked 7 years ago
You're Welcome
Sir, legal heirs are not necessary as you said, but now total property schedule will get change then also legal heirs consent is not required? Actually in the year 1993 the daughter of the vendor was major and got married but she has not signed the deed, is that ok now not to take their consent? Actually my property fall under BBMP limits, but all the old survey records are in the name of vendor till now, and the property was not yet converted... How to get Katha in our names after rectification deed? Is it necessary to change the survey documents also? We were paying tax for old Katha number (103/4)... After rectification do we also pay for previous years tax for new survey number? Or can we pay from assessment year for new number?
Asked 7 years ago
It is self acquired property of seller
consent of seller legal heirs is not required
consent of daughter is not required
after rectification deed is executed apply for mutation of property in name of legal heirs ur your babe and your brother
enclose sale deed
consebt of seller
If you have layout demarcation at the time of first registration and it's attached in the sale deed on that basis you can make rectification deed and ask sub registrar to change it with correct name.
1. REGISTERED Rectification Deed is required with proper strategic clauses, for avoiding futuristic legal disputes, while selling /transferring /mortgaging /leasing etc....
2. Stamp Duty & Registration fees is very very small, provided proper stamp duty was paid on the original instrument (deed)
3. AFTER above, proper transfer & mutation can be done, supported by WILL or Probate or LA, over the deceased's property.
Keep Smiling .... Hemant Agarwal
Dear Sir,
Better necessary directions from the Civil Court and declaration to the effect which are necessary in the matter. The LRs shall appear as defendants and say no objection for the same. It is more ls stronger.
You can execute a rectification deed for the same.
There is a new survey number allotted by the government to the property.
There is no necessity for executing a registered rectification deed for this purpose.
It is usual and routine.
You can get the property transferred to your names as legal heirs/successors in interest to your deceased mother who is reported to have died intestate quoting the new and old survey numbers.
Thank you for suggestions...
You are welcome for your appreciations
In my opinion there may not be a necessity for getting a registered rectification deed just because new survey number has been allotted to the property in the place of its old survey number.
For getting the property transferred to your name in the revenue records, you may quote both the old as well as the new survey numbers and submit the application for mutation.
Let the authority return your application giving reason for return and advise you what to do in furtherance, after which you can follow the legal process.
Hence better approach the authorities concerned about this and get to know about the procedures to complete the task without having to undergo all the strenuous process.
You can consult an experienced advocate in the local and proceed on the recommendations suggested.