• Rectification deed for partition deed

Partition deed has been executed between the family members , out of which the land has been equally (18" x 48"each) divided among two brothers. Other family members have agreed to have no rights on the land. Both the brothers have individual katha for the divided land. Both the brothers have agreed to rectify the partition deed by changing the site dimension from 18' x 48' to 17' x 48' to aid one of the brother for construction of house. The other brother's dimension changed to 19" x 48". 
A. Can the rectification deed be carried out?
B. Does the rectification deed require making a New katha as per the dimensions mentioned in the rectification deed. 
C. Can the construction loan from bank be availed by presenting the the original partition deed. ?
D. Can loan be availed from bank with the rectification deed without correcting the Katha.
Asked 8 months ago in Property Law
Religion: Hindu

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13 Answers

Now you may create new rectification deed and change the dimensions of the plot accordingly.

Ganesh Kadam
Advocate, Pune
10670 Answers
94 Consultations

4.9 on 5.0

Dee of rectification can be executed by the parties to partition deed 

 

2) after execution of rectification deed you can obtain bank loan by presenting original partition deed and registered reactivation deed 

 

3) you should correct  then the Khatua 

Ajay Sethi
Advocate, Mumbai
76880 Answers
4615 Consultations

5.0 on 5.0

- If a deed contains mistakes in dimension or mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever parties want to correct the deed, they can proceed with rectification at any time.

A. Yes , you can rectified by way of Rectification Deed.

B. Yes

C. Yes, after execution of Rectification Deed, you can avail the bank loan on the Origiional Partition deed.

D. No

Mohammed Shahzad
Advocate, Delhi
4089 Answers
43 Consultations

5.0 on 5.0

1. Yes you can execute rectification deed for change of settlement deed.

2. Yes it will require updation in khata.

3. yes you can avail bank loan.

4. Yes 

Mohit Kapoor
Advocate, Rohtak
9250 Answers
3 Consultations

5.0 on 5.0

1. Yes. 

2. No

3. Yes. 

4. You but they may ask you to correct the katha

Prashant Nayak
Advocate, Mumbai
20514 Answers
38 Consultations

4.4 on 5.0

1. Through the rectification deed only the human error like plot number or parties name are corrected. the are a of land can never be changed by this deed.

2. So for this you need to make a gift deed in favour of the beneficiary and subsequent to this you need to make a further deed of declaration stating change of dimension.

3. NO, partition deed alone is not enough.

4. Yes but subsequent to making a gift deed and then another deed of declaration.

Devajyoti Barman
Advocate, Kolkata
20739 Answers
295 Consultations

5.0 on 5.0

1. Yes rectification deed for same can be made.

2. Yes after the deed is registered you need to change the khata of the property.

3. Yes after rectification is signed both deeds can be presented before court for loan.

4.the khata have to be corrected.

Shubham Jhajharia
Advocate, Ahmedabad
25181 Answers
103 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows;

 

1. Can the rectification deed be carried out?

Ans: You can execute a rectification deed with measurements and clear boundaries.

 

2. Does the rectification deed require making a New katha as per the dimensions mentioned in the rectification deed.

Ans: Yes.

 

3. Can the construction loan from bank be availed by presenting the the original partition deed. ?

Ans: You have to produce both original deed and rectification deed.

 

4. Can loan be availed from bank with the rectification deed without correcting the Katha.

Ans: It is a discretionary power of the Bank but without Katha in respect of rectified measurements loan may not sanctioned.

 

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5521 Answers
193 Consultations

4.8 on 5.0

1. Rectification Deed will become compulsory since it involves changing the dimensions of the Land and will be required for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

2. Consequent to above, the Katha number will remain the same, however the land dimensions etc.... will have to be recorded.

3. Loan on original partition deed is possible by giving relevant "indemnity bond & undertaking" to the bank. However point no. 1 & 2 (above) still will have to be conducted.

Hemant Agarwal
Advocate, Mumbai
4946 Answers
24 Consultations

5.0 on 5.0

No, now brother have to gift him. Or let him use without any documentation.Oral family settlement.

C. Can the construction loan from bank be availed by presenting the the original partition deed. ? -- YES. No rectification deed will execute. 

Yogendra Singh Rajawat
Advocate, Jaipur
20064 Answers
28 Consultations

4.5 on 5.0

Rectification deeds can be executed only if the errors in the original deed fulfil the following criteria

There should exist a factual error in the main/ original deed. 

The error is genuine. 

The error is not intentional. 

after rectification Loans can get availed. 

Mohammed Mujeeb
Advocate, Hyderabad
17256 Answers
11 Consultations

4.5 on 5.0

1.  If the partition among the brothers was by a registered deed then a registered rectification deed rectifying the said errors can be executed.

2. After the rectification deed, the khata also can be amended by submitting an application based on the registered rectification deed.

3. The rectification deed is also part of the documents to be submitted to the bank for seeking housing loan.

4. It depends on the observation to be made by the bank panel advocate.

 

T Kalaiselvan
Advocate, Vellore
66880 Answers
884 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that now you are going to rectify the deed.
  2. Yes, when you are rectifying the deed then you should also rectify the records with the revenue department as this won’t put you in any trouble or dispute with the other party in future.
  3. Thereafter, new Khattar number will be allowed once the records have been changed.
  4. No, after rectification deed, khata need to be changed while taking bank loan.

Sanjay Baniwal
Advocate, South Delhi
5331 Answers
13 Consultations

5.0 on 5.0

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