• What are the corrective measure to be done when the survey number is wrongly mentioned in sale deed?

Mr A formed a layout around 1983 and sold plot to various buyers, for one specific site survey number is wrongly mentioned, Mr A sold plot to Mr B and subsequently changed hand to C D, D find out that survey number mentioned in sale deed is wrong, confirms with VAO, what is the legal procedure to rectify it.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Deed of rectification has to be executed by A to mention correct survey number in

plot sold to B 

 

For subsequent sales also deed of rectification has to be executed 

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

See a rectification suit can be filed before the civil court to correct survey no. In sale deed since the older parties may not be available the court shall pass order on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you need to approach court to correct same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A  legal heirs can execute deed of rectification 

 

2) it should be duly stamped and registered 

 

3) if they refuse to execute deed of rectification 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.

. 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.

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

excute a rectification deed  if A is live.  If he died then approach A legal heirs and rectify. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Apply for rectification in sale deed at sub registrar office. And c and d presence only. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

As A is reported to be not alive, it would suffice if C executes a rectification deed clearly bringing out all the relevant facts, including the death of A. It has to be duly stamped and registered.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

If the survey number has been wrong in the registered sale deed, then you may have to ask your vendor to execute a registered rectification deed rectifying the mistake or error.

Let your vendor approach his vendor and so on until this error is rectified.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

First of all you try to rectify the error through your vendor, later on you can decide about the legal process to rectify the same if it it is stuck anywhere and not progressing.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

You need to execute a rectification deed for the same

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1.  Apply for "Govt. Survey" (not private survey) with the local Tahsil office, by providing all available documentations.

2.  Based on the Govt. Survey REPORT, you can unilaterally register & execute proper "rectification deed" before the local office of the Registrar of Sub-Assurances.  This would be legally sufficient for all futuristic purposes like Sale /Transfer /Mortgage/ Gift /Donate /whatever....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. For getting the survey number amended/ corrected, you will have to make an application for the inspection of the property and correct the record of the authority before the Tehsildar or SDM of your district.
  2. Once that is been done then with Mr. C go for the rectification deed for the sale deed and get the rout numbest printed in it and get it duly registered before the Registrar’s office.
  3. If anything goes wrong then you may have to approach the court of law for the direction to the authorities to do the needful.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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