If there is mistake in sale deed deed of rectification has to be executed by seller 

if seller is dead you need to file suit and obtain court orders for rectifying mistake in sale deed 

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

Correction through a correction deed is permitted only with respect to grammatical, typo, numerical errors, that too both the  executant and claimant should be present for registering the  rectification deed. The incorrect document is deposited and the  Registrar issue a correct document charging only 100 rupees as stamp duty for registration of correct deed. But in you case, the  executant is no more, it is not possible to carry out corrections in her absence. You can continue with present sale deed by registering a declaration by you with regard of the  error and non-availability of seller. The  sale deed with you declaration  will be valid document.

Litigation is long drawn process 

you need evidence of death of seller 

Disposal of suit may depend upon pendency of cases 

When the  executant is no more, against whom the  suit will be filed? A suit cannot be filed against dead person. Court has no power to step in to the  shoes of seller and order rectification of registered document.

You don’t have any other remedy 

you have discovered mistake now and filed suit immediately on finding seller is dead 

self declaration is not the same 

file a suit against unknown legal heirs of the deceased vendor from whom you purchased

to get over the limitation aspect, you can say that you learnt about the error in the sale deed only recently 

there is no other way out 

you will have to file a suit 

how much it will take no one knows! lawyers are not astrologers. in fact you yourself say that courts take a lot of time! so plz dont ask such difficult questions to lawyers. how can a lawyer predict how much time it will take?! what if a lawyer tells you that it will take only 1 week? 

 Execute a registered declaratory deed in the jurisdictional Sub Registrar's Office narrating the chain of events, like incorrect link documents mentioned in the sale deed, death of the seller and hence rectification deed can't be registered and declare the correct details of the link documents in the Declaratory Deed.

For rectifying the details in the registered title deed, you may have to get a rectification deed executed either by the vendor or in the absence of the vendor by the legal heirs of the deceased vendor.

You can issue a legal notice to the vendor, let it be returned undelivered stating that the vendor died, after that you can execute a rectification deed by yourself, if the registrar is not entertaining your application for executing the rectification deed, you may file a suit for mandatory injunction seeking direction to the concerned registrar to permit you to execute the rectification deed or the court may execute the same on behalf of the vendor.

The procedure to follow the process through court has been explained in my previous post.

The practical issues involved in this to file a suit and also for the documents to be filed shall be let known to you by a local advocate who will take up the case on your behalf.

Of course it will take a long time for the court to dispose the suit, but it is inevitable especially if you require a permanent solution for the problem to be solved for a peaceful future in this regard.

The suit that is to be filed has been explained.

Without consulting an advocate in the local you are repeatedly approaching this forum with similar queries, it can thus be seen that you are not very serious about the problem hence you had remained silent over the issue for three years, but you become anxious when the suggestion is made to approach court.

The registered declaration means what?

Do not read between the lines, if you have to get a declaration then you may have to get the court orders declaring the correct documents to be mentioned in the title document, therefor you may sit before an advocate in the local and arrange to file a suit as advised by the advocate and follow up the matter properly.

Dear Client,

In case you spot errors in your sale deed or any other property-related document, you should get a rectification deed(or deed of rectification) drafted and registered, to nullify the error. 

The law does not say anything about the timeline within which an error or a mistake in any document should be corrected. As and when any party involved in the transaction realizes that incorrect information or typing errors are present in the property document, they should bring it to the notice of the other party involved in the transaction and get the mistake corrected, through the creation of a rectification deed.

Under Section 26 of the Specific Relief Act,1963, it is provided that when any contract may be rectified:

1. When there is a fraud or when there is a mutual mistake by both the parties. Now the person who is entitled for the rectification of instrument are as follows: –

• Either party or his representative can file.
• The plaintiff in any suit can file if any rights arising under the rectification of instruments.
• Defendants can file in any suit as mentioned in sub-clause (B).

2. If in any case in which a contract or instrument is to be rectified under clause (1), the court finds that contract is done by fraud or by mutual mistake of the parties, then the court has discretionary power to rectify it.

3. If parties claim for rectification and the court thinks fit, then it will be specifically enforced.

4. No relief shall be granted until the parties specifically claim for rectification of the instrument.

Thank You.

Yes you can