• How to rectify sale deed in this case?

Hi, 

I know this question has been repeated many times, but I am not clear in my case what has to be done. 

17 years ago, my father had purchased two plots from a company ABC limited, through an intermediate person who was given power of attoerney by ABC limited. Registration was completed and sale deed was in our hand and full payment was done and things were settled. 3 years later when we approached to apply for mutation, the officer told us that there is mistake is the sale deed and some names are mismatching, and it has to be rectified. Later as my father had to go to some other place on deputation, this process was stalled. Now, 2 years ago when we initiated the process again, we failed to get in touch with the intermediate person. We could not find that person at the address reported by him. Since that time mobile phones did not exist for a common man, we did not have his contact info. The company ABC is dissolved and does not exists anymore. 

But in this process, plus point was, we figured out what was the mistake. In the sale deed it was mentioned two plots belongs to two different survey number, but as a matter of fact it belonged to a single survey number. So this information has to be corrected. I am not sure about the measurement info whether it is proper (assuming it is proper as before purchasing surveyor's help was taken).

Now the question arises, how to rectify the sale deed so that we can get it completely on our name when the seller (company ABC limited) does not exists anymore and intermediate person is not traceable? I am ready to go through legal process. Can someone explain me in detail, what all steps need to be taken to get it on our name.

Thanks & Regards
Asked 4 years ago in Property Law
Religion: Hindu

18 answers received in 1 day.

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20 Answers

deed of rectification has to be executed by seller 

 

2) if seller is not traceable 

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.

Ajay Sethi
Advocate, Mumbai
94855 Answers
7567 Consultations

5.0 on 5.0

In your case 

first: You have to prepare rectification deed with correct survey number the old and new current one, plus the plot marking is the same only the survey number were different in the initial deed that needs to mention in the rectification deed.

 

second you have make application to sub registrar or registrar of your area/ward /circle of revenue department who registered the documents and explain all situation in it , that initial company ABC doe not appear now and the middle person or agent is not traceable, so as per the registrar rights he can issue the summons to the party and within stipulated time they did not arise than sub registrar or registrar himself can take decision.

 

mark application copy to CC: Tahsildar, Deputy collector, Collector , circle officer, Registrar and above registrar officer from revenue department and one copy to Ministry of revenue department of state.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. Well, the mistake in names are typographical and not material in nature then on the basis of your unilateral deed of rectification the same can be deal with.

2. If the same is not permitted then you can make an affidavit sworn in from a Magistrate on that regard.

3. If both are not done then try to sell the property on this situation . mutation is not proof of title and it merely denotes possession .

4. Now if you do not wish to sell this then you would need a decree of court to solve this situation. 

Devajyoti Barman
Advocate, Kolkata
22845 Answers
492 Consultations

5.0 on 5.0

I shall be brief in my reply so as not to confuse you. 

In the facts and circumstances of the matter, you will have to seek declaration from the court. You have to file a suit in a civil court under the Specific Relief Act. 

You will need assistance of an advocate and you can share my opinion with him if has other things on his mind.

 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

See now if the other person and company is not available a suit of rectification under specific relief act has to be filed and a court order for correction of same is required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- If a deed contains mistakes like 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 an error found out in a deed, the parties can proceed with rectification of the error at any time.

- Since, there is an error in the names ; hence it comes under the typographical error.

- The registration charges and stamp duty for typographical errors are usually around Rs. 100.

- On refusal from the office of Registrar , you will have to file a suit under section 26 of Specific Relief Act for getting the order of Rectification. 

Mohammed Shahzad
Advocate, Delhi
13307 Answers
198 Consultations

5.0 on 5.0

But court remedy you delayed a lot. Your case is barred by limitation.

Can try by filing court of speficif performance. Notice will issue on last known address of company.

Show Cause of action of recent that u applied for mutation than only apprise of mistake in sale deed. If no one apper, court will appoint commissioner to rectify sale deed.

And try once , might mutation done without problem.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

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

2)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.

Ajay Sethi
Advocate, Mumbai
94855 Answers
7567 Consultations

5.0 on 5.0

3 years to file suit and not to rectify sale deed.

Without court interference, sale deed can be rectify any time.

Suit of specific performance.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

See you need to file a suit before civil court of appropriate jurisdiction seeking rectification of that clause of sale deed and other side in registered document has to be made respondent .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Section 26 of the Specific Relief Act provides for rectification of a Deed where any mistake has happened. 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

To make a deed of rectification there is no time limit.

You will have to file a suit for declaration u/s 34 of the Specific Relief Act.

Devajyoti Barman
Advocate, Kolkata
22845 Answers
492 Consultations

5.0 on 5.0

1. There are three procedure for rectifying the deed as under:

 

a. Register a rectification Deed paying the stamp duty afresh. This is not possible for reasons stated by you.

 

b.File a declaratory suit before the Civil court praying for a declaration that two survey nos. have been mentioned in the said sale deed in place of one which is to be considered as one survey nos. and also praying for a direction upon the Registrar to correct the error in absence of the selling Company since it has been dissolved.

 

c. Register a deed of Declaration wherein your father shall declare that he has inadvertently mentioned two survey nos. in place of one plot no. and that the selling Company has been dissolved for registering the Rectification Deed. This is a patch up method when all the above two steps fail.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. Your father shall have to mention in the plaint that he came to know about the error recently.

 

2. On the above ground limitation problem can be avoided.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

- The limitation is 3 years from the date of knowledge of error.

- You should mention that at the time of mutation you came to know regarding the error.

 

Mohammed Shahzad
Advocate, Delhi
13307 Answers
198 Consultations

5.0 on 5.0

There is nothing to be worried about this to this extent.

First step is tht you issue a legal notice to the seller to his last known address demanding him to rectify the error in the registered sale deed.

Let the notice be returned undelivered for the reasons that no such addressee.

After that you submit a rectification deed on your own to the concerned sub-registrar.

The sub registrar will not accept your deed for registering it stating the reasons that may be legal or  whatever.

after that you file a suit for direction to the sub-registrar on the basis of all the efforts you had taken so far by attaching all those documents as evidences for this and seek the relief of registering the rectification deed 

On the court's judgment and order the sub registrar  will take action  to register the rectification deed which will solve your purpose.

 

T Kalaiselvan
Advocate, Vellore
85055 Answers
2212 Consultations

5.0 on 5.0

No doubt there is a limitation period for that however you can state tht yo were not aware of the error so far hence you are taking action on it once you became aware of it.

 

No criteria for filing the suit but you may follow the steps as suggested.

 

T Kalaiselvan
Advocate, Vellore
85055 Answers
2212 Consultations

5.0 on 5.0

1. Dear you need to file suit against Directors or owner of ABC or their legal representatives (decendants) if they are not alive now.

2. Suit should be filed under specific relief act against ABC's owners. 

3. The criteria is just that your problem should be genuine. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Specific Relief Act, The Party affected can move to the court for directing the other Party to fulfil the obligations or requirements under the contract..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to immediately execute rectification deed in the same

Prashant Nayak
Advocate, Mumbai
31997 Answers
183 Consultations

4.1 on 5.0

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