Hi My deceased grandfather executed a Gift deed in favour of me , I recently got encumbrance certificate for apply for loan. I realized that land doesn't have Survey number or document details of original document, even the gift deed doesn't have these details. There were multiple gift deeds to my family members. Some have sold and some continue to retain their land. All these documents had the same problem in the gift deed. Since he is no more, I cannot execute rectification deed to do the correction. How do we proceed with correcting the details?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Since your grandfather had transferred this property by executing a registered gift deed in your favor, he is the right person to execute the registered rectification deed too.
If he is reported to have died then his surviving legal heirs can execute this rectification deed on his behalf
Grand father legal heirs can execute deed of rectification
You can execute rectification deed even with his leg heirs if he is not alive. Otherwise can seek declaration from court for the same
- After the death of your grandfather who had gifted the property to you , his legal heirs can appear before the registrar to execute the rectification deed for correcting said errors.
- If they fail to do so, then you have to file a declaration suit before the court for giving direction to correct the said error in the gift deed.
You need to file a petition before the district court within whose jurisdiction the property lies for an order for correcting the survey no. details. You may join the registrar as the opposite party after giving them due notice as required under the law, for correcting the EC and other relevant records.
Dear Sir,
You have to file a civil suit against dummy members seeking declaration and also get a direction from the concerned Sub-Registrar office. You may succeed in your efforts.
