Hello,
File a correction application and get this typographical error rectified.
Get in touch with a local advocate
this can be done easily, no need to worry about the same
Area measurement is different in word and number in sale deed
Hello Sir, We have one deed where area mentioned in numbers as 1.67 in document and in word it is mistakenly typo as 1.64 in hindi words. where in the boundry diagram made on sale deed also measuremnt is mentioned as 1.67 in numbers. so in document in two places it is mentioned as 1.67 in numbers but only in one line it is mentioned as 1.64. Now Seller is not agreeing to give this land with 1.67 area to us where it is a typo mistake. Even stamp duty paid in the deed for 1.67 hect. Please suggest or share any reference case. Thanks
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
File criminal complaint, error will justify by Map along with stamp duty paid on full amount for purchase of 1.67. In normal course area stated in words shall be the undertaken but in your case, right figure is used twice and issue resolve through MAP.
file suit to direct seller to deliver possession of 1.67 acres of land as mentioned in sale deed
2) seek injunction restraining seller from creating third party rights on said land
a proper order has to be obtained from a Court of Competent Jurisdiction for rectification of errors, pl contact local lawyer
Thanks for the reply. But seller is not ready to sign on correction deed as he said it is 1.64 only & denying for 1.67. We appeal to tehsildar for allotment but they reject the appeal by saying it is diff figure in line number 14 & 16 where he didnt considered the stamp duty & another section of chatursima map where also it is mentioned as 1.67. Now we are appealing to SDM the same. Seller has sold one par of the land to someone else even when it is for us in sale deed. Please suggest if any SC reference or law which can help us to strong this case.
Asked 6 years ago
you need court orders to direct seller to hand over possession of 1.67 acres of land
2) rely upon stamp duty paid by you on 1.67 acres of land
3) rely upon boundary diagram wherein area is mentioned as 1.67 acres of land
File criminal complaint.
Dear Client,
If they are denying, please file a suit for Specific Performance mentioning the typo mistakes.
See in sale deed it is typographical error and he is not ready for a rectification deed you can file a suit for rectification in court seeking rectification order.
You can execute rectification deed to correct the same being a clerical error
You can not rectify the sale deed without the presence and signature of the seller. If he is denying to execute such correction then you have to initiate the legal process..
A registered rectification deed is the only solution for this.
You may ask the seller to execute the same by sending him a legal notice failing which you can approach concerned court seeking specific relief to which the seller shall be made as party and to be made liable for the costs and consequences.
You have been advised to approach court with a suit for specific relief impleading the seller as defendant because you will not get relief from Tehsildar or SDM or any other authority on this, except court of law if the seller is refusing to execute the registered rectification deed.