Deed of rectification has to be executed to rectify mistake in sale deed
it is not possible in absence of seller
I purchased a plot having boundary in sale deed like, North: Today registered in separate deed Dr. Arup and other. South: Vendor's donated 12 ft. comon road. East: Vendor, West: Vendor. NOW, my boundary is North: Road, South: Park, East: Sanjoy , West: Vendor, How to make my sale deed correction , Please advice me your valuable suggestions, and is it possible in absence of Vendor?
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Deed of rectification has to be executed to rectify mistake in sale deed
it is not possible in absence of seller
No ,you can't do in the absence of the Vendor.
You have to apply for rectification of sale deed and seek permission from Sub-registrar office to rectify the sale deed specifying grounds with intimation to vendor will provide you the right to rectify the clauses or clause of sale deed with prior permission of the competent authorities.
A rectification deed will be required which needs to be signed by both parties and registered
Not possible in absence of vendor
1. Rectification Deed is possible only by Buyer party PROVIDED a registered Power of Attorney (POA) was earlier taken from Seller Party.
2. IF a legal dispute arises THEN matter has to be adjudicated only before the Civil Court, supported with proper Govt. Survey Report & Layout plan with proper demarcations etc....
Rectification Deed can be executed between the same parties and got to be registered so that the same can be read as part of original sale deed.
Stamp duty nornal and registration charges since it doesn't have consideration.
The rectification deed has to mandatorily signed in presence of Vendor before the sub-registrar office. In case the Vendor is not agreeing for rectification you may file a suit before the court praying for the rectification in the sale deed.
Vendor presence will require. No need to change boundary. Change of neighbors is common. Boundaries dose not mention name of neighbors but address.
Dear Sir/Madam,
It is suggested that the correction is not possible in absence of the vendor and the correction deed may be done in on the stamp paper of Rs. 200/-
You have to point out the error to the vendor, if at all there is an error in the registered sale deed.
By the way how did you find this error, by comparing with the government revenue records?
You ask your vendor to execute a registered rectification deed to rectify the error.
You cannot do it on your own.
- 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.
- The parties are required to pay rectification deed registration charges and stamp duty as per the laws of the State from the office of the sub-registrar's office where the original deed has been duly registered.
- Hence, you can rectified the deed after executing a Rectification Deed, and the sellers appearance for the same is mandatory to sign on the same.
- If, the seller refused to cooperate or missing, then you will have to file a suit before the court under Section 26 of Specific Relief Act 1963.
You can not rectify the sale deed without the presence and signature of the seller. If he is denying to execute such correction then you have to initiate the legal process.
1. Boundaries and nieghbours in sales deed cannot he change with change of status by way of rectification deed even if vendor is present for execution of rectification deed.
2. Even if it is allowed you need presence of vendor and pay fresh stamp duty and registration charges.
It has to be made and registered in presence of the seller. He has to be present and confirm that the sale deed requires rectification.