You need to execute rectification deed for the same and rectify the incorrect details
Property enjoyment issue
In 20 years ago Mr B is purchase a property 0.60 acre from C&R brother's in registration time in documents meantion only C property number 001 a1a and measurements 0.60 acre but in registration documents meantion boundaries bouth C and R brothers property according to registration documents meantion boundaries Mr B start enjoyment from date of agreement but all motation & R T C genrat as per registration documents but Mr B purchase bouth brother Property but 20 years back their is no sketch that but now Mr R children's making to problem to Mr B because MR R property no not in the registration paper please sujest to US how to slove the issue?
Asked 5 years ago in Property Law
Religion: Hindu
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12 Answers
Please share the execute rectification deed procedure and how to rectify the incorrect details please explain
Asked 5 years ago
You need to get it drafted through a lawyer after discussing all the details to be rectified
Dear
You can claim the property on adverse possession if mr R children are creating any problem after 20 years of continuous enjoyment and possession.
No need to worry as everything is transferred on your name 20 years ago and they cannot claim anything from Mr. B now
Dear
You can claim the property on adverse possession if mr R children are creating any problem after 20 years of continuous enjoyment and possession.
No need to worry as everything is transferred on your name 20 years ago and they cannot claim anything from Mr. B now
Deed of rectification has to be executed by sellers to rectify the mistake in sale deed
2) it has to be duly stamped and registered
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. 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
Dear Sir,
A Civil Suit to be filed and get measurements as per the saled deed by the help of Court Commissioner.
As per the details provided by you my legal suggestion would be that rectification of sale deed or any deed is to be done by both parties to the deed.
pls consult local property lawyer for procedure and for drafting.
Both parties have to present to execute rectification deed, it will execute in same way sale deed registers.
If the legal heirs of R are creating problems then you may hav e to challenge the same accordingly because both c and r have executed the registered sale deed jointly in favor of B even though R's name was not there in the property.
Actually when R's name was not there in the registration document then how can they claim any property without any documents for that.
This is a matter of trial hence you may secure the relevant documents and challenge their claim properly in the trial proceedings.
The registered rectification deed should be executed by the C who was the actual owner if R was not having any share in the proeprty.
You can contact any document writer to assist you to prepare the rectification deed as per procedure.