In the initial agreement (in a 10rupees stamp paper) between seller and the buyer, the area of the flat is written 620sq ft including common proportions. But, at the time of registration it was written as 418sq ft. The 2bhk is 26 yrs old and now we want to modify/ correct the deed. The main registered deed was signed by the vendor, seller (i.e. promoter) and the buyer and now we for rectification vendor and promoter can not be contacted as we don't know their present address. Now, my question is What is the procedure to correct the deed.
1. This seems to be the result of flawed drafting. Be that as it may, if the actual area of the flat is 418 sq.ft then there is no need to have a rectification deed.
2. Unless the vendor and promoter are traced and they agree to execute the rectification deed it cannot be done.
A property that was not registered and stamp duty was not paid cannot be said to be sold and the law does not recognise such a sale. Find the original seller and make an agreement with the correct area is mentioned. The staple paper has no value.
Regards
What were you doing for 26 years ?
deed of rectification has to be executed by builder
if seller is not traceable
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.
File a suit before the civil court for rectification the court shall pass appropriate orders on the same.
You can approach court and file suit under 26 of specific relief act.
You need to execute a registered rectification deed between you parties
Presence of seller is must for rectification deed, You can get orders to sub regiatrar from court for rectification of deed but address of sellers are must. Service of notice can be done on last known address of seller / promoter.
1. In the instant case you shall have to file a declaratory suit praying for a declaration that the said flat was inadvertently been mentioned as of 418 sft in place of 620 sft also with a prayer to direct the Registrar to incorporeate the above change in his records and registrar the rectification deed without the signature of the vendor based on the court order.
2. Without Coiurt order, the Registrar can not rectify the arror that too without the signature of the Vendor.
If you want to rectify the area as per the unregistered sale agreement to that of the registered document, it may not be tenable in law.
Did you verify the parent deed ion this regard?
If there is a different extent mentioned in the parent deed to that of the current registered sale deed in your possession then you may a legal notice to the seller to his last known address, let it be returned undelivered, you may file a suit for specific relief after that based on the returned undelivered registered post legal notice to the vendor, seeking court's intervention to rectify the same and a direction to the registrar in this regard.
