there is no mistake in gift deed regarding area of property
2) mistake is done by sub registrar office while entering details as to area of property
3) i presume stamp duty has been paid as per circle rate
4) deny that gift deed has been undervalued
Gift deed has a error in area of property
Hi, In my gift deed i was gifted 850 sq yds of a govt. lease property from my father. My father wrote in the gift that it was his property, when it was a lease property and not freehold. The area of the property in the deed detail page signed by registrar is written as 85 sq yds, although in the gift deed it is written as 850 sq yds. The stamp value also is lower than the market value. We are in court and my siblings have contested the gift deed's validity saying that area of property is wrong in registration deed detail typed page (signed by the registrar) and that the stamp paid was only for the 85 sq yds and not for 850 sq yds. They also say that i have admitted that the deed is undervalued as i signed while accepting the gift deed. My father is no more, he died in 2009 , i have got mutation done as well as the conveyance deed within the court proceedings even when the property was in stay order.
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
85 sq. yards instead of 850 is clearly a typo error if the boundaries of property are matching. The are mentioned in lease deed is also 850 therefore such error will not affect the merit of your case. So far as deficient stamp duty is concerned, it is again due to typo error. Mutation of property pending stay order will be subject to final order of Court. If the final order is in your favour, mutation will valid if it goes against you, it will be cancelled.
If the error was committed by the registrar office you can file an application before the same court where the dispute is goi9ng on seeking direction to the concerned registrar to rectify the error committed by them at the time of registering the gift deed by producing the documentary evidence in your possession to prove the error was committed by them and also you may express that you are ready and willing to pay the additional stamp duty as per the law after the rectification of the extent of the property has been carried out through the rectification deed.
Dear Client,
Execution of property documents is a complex process. Often, an error occurs in the process of execution of documents. It is always advisable to get these mistakes rectified at the earliest.
These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.
There must have been a bona fide mistake where the original deed does not reflect the true intention of parties to the deed. The mistake should pertain to facts only. It should not be a mistake of law.
The parties to the agreement must concur to modify the original agreement by addition, deletion or rectification of any terms referred to in the already executed deed. The parties need to reduce the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
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.
In case the original deed is registered, one should get the rectification deed also registered. And pay the requisite stamp duty and registration charges as per the laws in force in the State. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.
In case some of the parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party 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 aggrieved party may institute a suit to have the deed rectified. 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. The relief won't prejudice the rights acquired by a third party in good faith for value.
It is to be noted that the mistake should pertain to facts only and should not be a mistake of law. Mistakes of law cannot be rectified through a rectification deed and a separate procedure needs to be followed.
Thank You.
If the lease deed provides for gifting of the property by the lessee to a third party, the gift deed is valid in law, if otherwise in order. Assuming such a provision exists, if the description of the property - with survey no., village name etc., boundaries and measurements are correctly stated in the gift deed, the incorrect mention of the extent alone shall not invalidate the gift deed. For any undervaluation, only the government has any legal recourse for recovery of the shortfall and not your siblings. They cannot seek to invalidate the gift deed on this ground.
you can rectify the same in the said gift deed by executing rectification deed
