Dear Sir/Madam Recently I purchased an agri land in thanjavur, tamilnadu from party 'A'. It is 133 cents of land purchased by the party A from party 'B' who acquired it from 3 different people as small pieces. Out of this survey number in deed for 108 cents is proper but for a 25 cent land piece survey number was wrongly written in deed when 'A' bought it from 'B' . same survey number quoted in deed as is when I bought it from my 'A'. The boundary details are correct but mistake is only in survey number. The wrong survey number quoted is also the land of the 'B' only but different boundary. Now party A is not available and cant do rectification deed. Party B says we can swap the 25 cents of land by the way of selling to each other (no cash exchange, just register in each others name with correct survey number) and register the sale deeds of 25 cents each. Please suggest how we can solve this problem
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Yes, exchange of property even without consideration is valid form of transfer of property.
So both of you can exchange the respective property as agreed with or without consideration , even if there is any shortfall and get the exchange deed registered .
This is permissible.
A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
2)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.
3) There is no specific period of limitation fixed for filing the suit for rectification.
The boundary is irrelevant if the survey no is wrongly mentioned in the sale deed. Therefore if A had the property with the wrong survey no in his sale deed then you too had a no. Mentioned which was wrong.
Find out who has the survey no mentioned wrong.
Then swap as he is saying. It is the only way.
Otherwise move an application but A is not present and hence swapping is ok.
Regards
See the exchange deed is possible the party suggests to exchange the survey numbers but better then this you can file a rectification suit before the civil court seeking rectification of deed based on the typographical error in previous deed and same technicality in your deed.
Unless both parties present rectification is not possible. There is an alternate, to file the documents with registrar, registrar will issue notice to both parties, if they fail to appear, registrar may rectify the mistake or may reject it. you can file appeal against the order of registrar. If appeal is dismissed you need to file suit for declaration and rectification.
If B is offering such exchange without payment and by registered sale deed, go ahead for it.
You need to execute registered rectification deed for the correction
The suggestion of B for swapping is practical and legal. You may proceed if agreeable.
You have two options before you to solve this problem.
1. to get a registered rectification deed to rectify the erroneous survey name and amend the original sale deed with correct survey number through this registered rectification deed. You have to search for the vendor or issue a legal notice to him and let it be returned undelivered after which you can approach court with a suit for specific releif and get a direction to the sub-registrar to permit you to execute a registered rectification deed after which the issue can be solved.
2. you can go for exchange of property. According to the Transfer of Property Act, when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both the things being money only, such a transaction is called an exchange.
This definition is not restricted to immovable property only. Thus, exchange implies exchange of lands and barter of goods too.
The choice is yours.
In such case if the original seller (party B) try to claim possession for the land of survey number in question then what the law will rule, the boundary or the survey number as per document.
The plot no mentioned in the sale deed is relevant. But in your case the possession of the plot which was sold was with the seller. He sold it to you and now you have the possession.therefore the person who has the ownership in records should have raised objections but he didn't and therefore here the possession is relevant.
Regards
you file an application before the registration authority that the said survey no is incorrect and you will soon undertake rectification. after that if party b does any act it will be illegal
if seller seeks to take possession of land then in reply you should rely upon suit filed by you to rectify the survey number
2) mention that boundaries clearly demarcated your land and B has no rights on land in your possession
See that has to be contested based on boundary possession and maps attached to the sale deed .
It is stated that B, the original owner, is willing to swap the parcels of land. Then, the question of B disputing the sale dos not arise. Any property has to be identified on the basis of its survey number, its boundaries and its extent. If there is any error in any of these aspects, the others may be relied upon in support of one's title.
If there is no compromise then you may approach court for releif, the court will decide based on the facts and the relief sought as well as the pleadings made by both the parties on the basis of the documentary evidences both sides have presented before court.