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
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.
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
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 ?
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
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.
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.
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
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.
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
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.