• Boundaries in schedule of property of two directions are swapped - how to correct

I bought a flat in 2013 by financing from HDFC Home loan. That time property documents were kept with the bank only and i was provided with photocopy of sale deed. Now i have repaid the loan and got all the original documents. I have applied for an eductional loan and then it is found that there is an error in my sale deed in schedule of property that too only boundaries were swapped between west and north direction that too only in meters.
Now i have been advised to file a rectification deed but i could not find the seller of the property.
Kindly advise whether there is any scope to file rectification deed through indemnity bond or is there any other way please.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.

2)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.

3) 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

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

1. The correct procedure is to get the Rectification Deed executed by the seller of the property.

2.  Since you say that the seller can't be found, the other alternative would be to execute a registered Declaration/Declaratory Deed, in which you have to mention the reason for not going for Rectification Deed and instead of it you are executing this deed. In this deed, you can clearly mention the boundaries to be rectified.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You need to seek declaration from court by filing declaratory suit

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

You cannot execute the registered rectification deed by yourself, you may have to find the seller who sold you this property to execute the same.

If you do not get response to your legal notice sent to the vendor, then you can approach court with a suit for specific relief seeking its direction to the vendor to execute the desired rectification deed failing which you can pray the court to do  it on behalf of the vendor. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

  1. Issue lawyer's notice to seller calling upon him to register rectification deed warning of legal action.
  2. File a suit in Court seeking direction to seller for registering rectification deed.
  3. If the seller fails to comply the order of Court, a direction will be issued to Sub-Registrar for registering rectification deed in the absence of seller.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Client,

You should find the seller who sold the property to execute registered rectification deed.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

- 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, the seller is out of reach , then a Rectification deed cannot be executed singly, and hence you have to file a suit before the court for directing the registrar to correct said mistake . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

The rectification deed has to be executed by the vendor and the purchaser. In your case, as the vendor is not traceable, you need to file a suit at the district court for directing the land registrar to issue you a certificate incorporating the correct boundaries of your property.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

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