You have registered sale deed with correct survey no. which later rectified, it was due to mistake of revenue dept. So no need of any further rectification. Along with property documents, these reports will be kept as chain of document. When ever dispute arise, both report will sight and your ownership as per enjoyment and purchase will intact.
Wrong Rectification deed is to be rectified again
In yr-2011, I have procured a farming land belongs to a village in Andhra Pradesh. In yr-2015 the surveyor informed us that there is a correction in survey numbers and so needs rectification. His survey report represents that, as per registration document survey number 94/2 is 4 cents and 94/3 is 105 cents (sum 109 cents) but as per enjoyment it has to be changed to 94/2 is 109 cents. At this point we have to mind that seller don’t have any document back up with him and he has to do rectification as per latest enjoyment by report(yr-2015) by surveyor.Actually, this land belongs to the ancestors of sellers earlier than 60 years and these numbers have no disputes at all. After a painful noncooperation by seller we have performed rectification deed at registration office. Recently in yr-2019 the revenue dept (another)surveyor has identified that the previous rectification is unnecessarily done due to the mistake of the first surveyor and so it shall be rectified to cancel the previous rectification.IT MEANS THE ORGINAL SURVEY NUMBERS OF REGISTRATION DOCUMENTS (YR-2011)BY SELLER ARE CORRECT. Revenue dept report is again stating as below…. as per registration document survey number 94/2 is 105 cents (sum 109 cents) but as per enjoyment it has to be changed to as per enjoyment survey number 94/2 is 4 cents and 94/3 is 105 cents (sum 109 cents). Here revenue dept is not committing their mistake and simply writing another survey report in vague sense without responsibility. The seller is already expired and the son&daughter is settled in abroad and they may demand money also. HERE MY CONCERN IS HOW SELLER IS ELIGIBLE FOR THE RECTIFICATION OF REVINUE NUMBERS WITH OUT HIS DOCUMENT BACK UP? WHAT IS THE ALTERATIVE METHOD TO CANCELL THE RECTIFICATION DEED (YR-2015) AT REGISTRATION OFFICE BY REVINUE DEPT OR BY COURT? PL ADVICE (WITH TIME AND MONEY details ) P. Ramaih chowdary
Asked 6 years ago in Property Law
Religion: Hindu
6 Answers
File a suit for cancellation of subsequent rectification deed in the court of appropriate jurisdiction file both survey reports before the court and make the son and daughter part to the suit.
See amount shall be as per valuation and lawyer fee and it can take some time in the civil court
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.
2) 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
You can approach the civil court has cancel the same by filing suit
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. There is no specific period of limitation fixed for filing the suit for rectification.
Rectification deed can be registered only before the registrar's office and not before the the revenue department.
You can send a registered letter to the vendor's legal heirs instructing them to execute registered rectification deed rectifying the previous error, let the letter be returned undelivered.
After that you approach the registrar concerned with a request letter to rectify the error as the vendor is not alive and his legal heirs are not living in India, let the registrar refuse to register the rectification deed in writing, after which you may file a suit against the registrar seeking direction of court to him to register the rectification deed.
This will solve your problem.
