See affidavit is valid though but it is better to get rectified through registered deed or a suit for rectification can be filed in the court under specific performance act .
If rectification of deed not possibile due to nonavailability of vendors to previous seller,seller is telling they are going for an affidavit for correction and family settlement before selling to me..is it ok..is the affidavit valid for long term??whats a clear solution to this problem..??
See affidavit is valid though but it is better to get rectified through registered deed or a suit for rectification can be filed in the court under specific performance act .
Mere affidavit is not sufficient
2) purchaser
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.
. 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
who should file this..is it seller who is filing affidavit or me after purchasing the property..??
Sale deed has been executed by original seller in favour of the purchaser
2) since original seller is not available to execute deed of rectification the purchaser has to file suit as mentioned herein above
3) you don’t have to file any suit .it is current owner of property who has to do it
The rectification deed can be unilaterally done by the purchaser as well if the same is regarding typing error and not connected with correction of measurement of boundary.
However this can not be done by an affidavit under any circumstances.
So if you inform the corrections to be made then it can be advised if the rectification deed can be done by your seller alone or not.
it is not possible to rectify any mistakes in registered deed by any other means. It can only be rectified by way of registered documents by both the parties of the previous deed or else you have to file a suit for declaration and rectification of the mistake
Filing a suit for declaration and rectification,,is it time consuming..
Present owner have to file suit of specific performance for rectification if previous seller not cooperating.
This will not suffice. Sale deed is executed by the seller in favour of buyer, so if there is any typographical mistake therein the remedy is to execute a rectification deed for which you require the seller on board,
1. Suit for declaration will surely take time to be decided by the court.
2. Whether suit for declaration is the apt remedy in this scenario or not cannot be decided unless you let us know what is the mistake in the sale deed.
No the unilateral affidavit is not valid for long term. If some persons challenge it then you can get in to problems. You need approach civil court for appropriate directions.
The proposed affidavit is not a compensation for the rectification deed.
If the rectification deed is not possible then a confirmation deed may be executed.
Confirmation deeds are also known as correction deeds. They are entered into between 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.
A confirmation deed means assent to the estate already created. By the confirmation, the parties further strengthen and give legal validity to the estate. A person may confirm and assent documents of conveyance executed by another person.
A rectification deed has to be execute by the seller only thus any such amendment has to be carried out by the seller alone.