• Town survey number wrong but with right boudary details and land survey number

I purchased a house in Trichy Corporation, Tamilnadu from party A who had purchased from party B with only patta number & land survey number and no Town survey number as at that point of time Trichy was not corporation. When I purchased the house, the land survey number, plot number and boundary details were correctly entered but the new Town survey number has been wrongly typed. Both party A and party B are not traceable as on date and most probably not alive. Now, I need to sell this house. What should I do?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

If the town survey number is incorrect then you may have to get it rectified. 

For that you have to issue a legal notice to your vendor and demand him to rectify the error by executing a registered rectification deed. 

After the notice is returned undelivered you may execute a rectification deed,  if the registration department is not entertaining your deed then you can approach court with a suit for declaration to declare the correct town survey number and to direct the concerned registrar to register the rectification deed. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If seller is not traceable 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.

. 2) 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.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Local lawyer can guide you as the total costs to be incurred in this regard 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A rectification deed is one for the purpose of correcting a technical flaw and does not involve any financial transaction. As such, it will not attract a stamp duty as a sale deed.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. If the party 'A' can execute a Rectification Deed indicating the error in the sale deed and the correct New Town Survey Number for the property in your favour , then the problem would be solved. The Rectification Deed has to be registered in the jurisdictional Sub Registrar's Office.

2.  In case the party 'A' is not traceable to execute the registered Rectification Deed in your favour, then in that case, you can unilaterally execute a registered Declaration/ Declaratory Deed declaring the error which has crept in the sale deed and it's correction entering the correct New Town Survey Number and get it registered in the jurisdictional Sub Registrar's Office. 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Since this rectification deed do not alter the value of the property, there may not be any stamp duty but registration charges have to be paid.

You can contact a local document writer who will guide you properly 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Any typo error in name, date of death, boundaries, area, survey number etc.  can be corrected by registering a rectification deed. Presence of both seller and purchaser is required for registration of rectification deed, if any one is not present it is not possible to register rectification deed. As the  executant is not available, you need to take a direction from Court to Registrar for carrying out rectification. File a suit seeking direction to the  executant to join for registration of rectification deed also seek direction to Sub-Registrar for registration of rectification deed in case the  executant fails to appear. A direction will be given to executant to appear for registration of rectification deed in case he fails Sub-Registrar will register such deed.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- It can be corrected after executing a registered Rectification deed , but the appearance of both the parties are needed before the Registrar . 

- Since, they are not traceable then you can file a petition before the court for giving direction to the Registrar to correct the survey number. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes rectification deed can serve the purpose

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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