• Land dispute

My father buy a property from a person 24 years ago. He shows all land marks that time sell it to my father. The property seller died in few month.when physicaly survey it we found, that they by mistake registration goes wrong and less land we found in documents survey. Please provides solution for how to rectify the documents.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

 

See first you can approach the legal heirs if they are ready to rectify then a deed can be made in case they fail to rectify the mistake then a suit for rectification has to be filed

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For rectification his presence is must. And after his death, his legal heirs but they may not cooperate. What is actual area and what area by mistake entered in your sale deed ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Ask legal heirs if seller to execute deed of rectification to rectify mistake in sale  deed 

 

2) if they refuse suit has to be filed under provisions of section 26 of specific relief act to rectify errors in sale deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  Apply for Govt. Survey (not private survey) with the Tahsil office.

2.  Based on the Govt. Survey report, claim or file rectification deed for the plot of land and consequent mutation in the revenue records.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can execute rectification between parties of legal heirs and get the same rectified

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

First of all gt the property surveyed as per the land records held by the land revenue department and to that of the registered title documents held in your possession.

If you find there is any difference from the land revenue department to that of the documents held by you, you may verify the correctness from the parent and other ink title documents.

If the mistake is on the side of the revenue department you may submit an application to correct the records as per the registered title documents and submit the copies of the documents held in your possession.

If the documents held by you show a wrong extent to that of the land revenue department due to the transcription from one document to other while executing a registered deed, then you may have to file a declaratory suit to declare the correct extent of property and proper title o you on that basis.

Since this involves lot of legal scrutiny and the procedures thereon, yo may take the assistance of a local advocate to solve the problem.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello, 

File a suit against the heirs of the seller, who must have received the money belonging to the person after his death. 

Get in touch with a local lawyer. 

You can not file a case against the seller but against his legal heirs. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The remedy is to execute a rectification deed, but this is possible only if the seller agrees to do so. So if the seller is deceased then his legal heirs can execute the rectification deed in favour of the buyer or buyer's heirs.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. you will have to apply to the city survey officer for area correction

2. the legal heirs of the original seller have to be made parties in such application

3. once such application is allowed, the legal heirs can then execute a rectification deed with you for recording the correct area on basis of the order passed on area correction by the land officer

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear client 

No need to rectify the document just make a physical structure like 4 walls and a room on the land to make your possession valid. And if someone files a case on you depending on your registration documents then you can claim the complete land on adverse possession by you on land for more than 12 years without any dispute and interruption.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that though the original seller has died but the sale was genuine.
  2. Now, you can go for the rectification deed before the registrar’s office.
  3. Legal heir of the seller can be made party now, and they will have to be present before the registrar.
  4. If they happen to say no then you may have to give them a legal notice seeking reasons for not doing so.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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