You could have made a rectification deed 4 years before on 100 rupees non judicial stamp paper and got it registered. Instead of running from post to pillars so many years. With the same sale deed by providing correct survey number.
Property registered with wrong survey number
I have purchased lan from my uncle (Younger Brother of My Father and 6th Son of my grandfather), but at the time of patta transfer came to know the property is in my grandfather name, but this property already sold to my one more uncle (1st Son of My grandfather and my father is 2nd son of my grand father), the 1st son sold to 6th son of my grand father (Brothers) and the 6th son sold to me (I'm son of 2nd Brother for owner of the land), now the issue is survey number wrongly registered as 22/1B5 instead of 22/1B8C as per UDR amendment, due to the VAO is not accepted my documents for name transfer and also advised to new registration by spending Rs.48000/- to 55000/-, so, i approached to register office to make correction on the bond, but the advised to produce legal heir certificate for my grand father and all children's must sign the bond, but the seller (6th Son of my grand father) is not ready to solve my problem last 4 years, and i'm not in position to spend huge amount to do new registration, i already 3 times gien petition to collector and 3 times in CM cell but got rejected Please advise legal opinion to solve my problems.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
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. 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
Mr.Ganesh Kadam, i approached to registered office regarding rectification deed, but they advised to provide legal heir certificate of my grand father since he was expired 30 years ago since the name of patta is his name, along with his childrens for signing purpose.
Asked 6 years ago
for obtaining legal heir certificate you need to file petition before district court
2) enclose grand father death certificate
3) consent of other legal heirs
File a suit for rectification under Specific relief act of deed as the mistake in the deed is typographical and civil court may order correction of same.
See for rectification deed other party need to come and sign, also legal heir certificate you can get from tehsildar.
Furthermore if they fail to help and cooperate filing a suit will be better option.
Yes this is not possible only on the basis of affidavit are any other sort of document .
For youthe correction have to produce legal heir certificate so that this year in the property can be defined by the registrar
Yes you need to provide legal heirship and execute rectification deed for the same. But without legal heirship how come the said land was earlier transferred in your name
Dear
For that you need to approach court against the seller for mandatory Injunction to order him to cooperate with you for making of the rectification deed due to which further steps are getting affected.
The petition to collector or CM cell may not fetch you any fruitful result.
You may have to issue a legal notice to the seller to execute a registered rectification deed to rectify the error of wrong survey number made in the principal registered sale deed.
If he is not complying with the demand made, you may drag him to the court of law seeking specific relief and directing him to execute the same or else the court to register the same on his behalf.
You can always get the legal heirship certificate in respect of the legal heirs of your grandfather through an application submitted by your father to the Tahsildar.
If your father is not living then you can move an application to this effect.