Only get rectify your document with "X" as per current layout book and check with SRO register official all records are in place which "Y" has done in his agreement.
Change of borders rectification
Sir/madam, i purchased 1 acre of agriculture land from X on 19th August 2020.X purchased it from Y person in jan 2018. Y purchased it in year 2016 from Y. my self not applied for pattedhaar passbook. X got pattedhaar passbook. i am in dilemma to apply now for pattedhaar passbook or after rectification. the following doubts i would like to know from you. 1)the 4 boundaries around my land are same that of the boundaries mentioned in X registration document. but the boundaries of the X are not same that of Y. Actualy 4 names around 4 directions in the document in Y and X are same . But east got west,west got south,south got north,north got east. Actualy when we physically checked yesterday, the names mentioned in the boundaries of Y are correct. While doing documentation by document writer, the mistake has happened. X without veryfing properly the wrong boundaries names got registered. As i purchased, i also got the same document on my name. now my question is how to rectify, is it necessary to rectify X document also to rectify my document.If it is so , do Y also has to come to registration office for verification.Or simply can i rectify the document by calling X to registration office.X is ready to come to registration office for rectication for my document
Asked 5 years ago in Property Law
Religion: Hindu
13 Answers
1) deed of rectification has to be executed to rectify mistake in sale deed in X document and yours
2) it has to be stamped and registered
Please approach office of the Tehsildar and apply for the rectification as per Original records available in the revenue department.
The defect in description of boundary is material defect and must be cured to avoid future complications.
Now if correction of boundary does not change the nature of the property or alters the area of land then rectification of your deed alone is fine.
- 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 description of the property in the registered Sale deed; hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
- You should correct in your deed as per the actual boundaries i.e like Y , after executing a Rectification deed.
The same has to be rectified by the deed of declaration.
Regards
First the document which is having this error has to to be rectified by the seller of that document and then the buyer has to execute a registered rectification deed to rectify the error in the document by which he executed the registered sale deed and so on.
X alone cannot execute the registered rectification deed if the previous documents have wrong boundaries of the schedule of property.
Property details in tge document should be clearly stated and shouldn't be false or misleading. Make a rectification deed and register it immediately.
All the parties have to come and the previous documents too have to be rectified otherwise it means that you are not buying the correct land and the seller may raise a dispute in the future.
You need to execute rectification deed in the same. If they are not willing to then approach court
Y presence will also require, so better first rectify your sale deed and apply for mutation and passbook. Later you can try to rectify X documents.
Dear Sir/Madam,
You are suggested to go for the rectification deed in the same registrar's office and then the things will be ok. You may do the rectification deed with X only and this may solve the purpose.
1. As it is a typing error so there is no necessity of rectification of deed.
2. You can go ahead with rectification deed with X but he also need to call Y for execution of rectification deed.
rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. A rectification deed should be executed only if all the parties involved in the original deed agree with the addition, deletion or modification of any terms or information referred in the original deed.
