Deed of rectification has to be executed by X to rectify mistake in-sale deed with Y as to the boundaries of land
How to change boundaries in mother sale deed?
The owner X sold an agricultural land of 242sq.yard to owner Y with wrong name written in north boundary as ‘Open land of ABC’. Here ABC is wrong person name. On west direction there is a road which correctly align. Then Y converted the land into non-agricultural land and constructed a house within 155sq yard and rest of the 87sq yard went for road affected area. Now Y sold this house to Z with same boundaries written on the latest sale deed. So, here the question is do we need a rectification here and if yes how Z can proceed forward?
Asked 2 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
4 Answers
By filing rectification deed in the same
The boundaries description may change when ther is a change in the status of the land especially when it was converted to NA and a structure has been erected over the vacant land and a part of the land has been acquired for road development.
In the given situation, the boundaries can be mentioned as per the existing details as mentioned in the land revenue department.
Dear client,
Yes, there seems to be a discrepancy in the description of the land boundaries in the sale deed. The incorrect mention of the name 'ABC' in the north boundary could be considered an error, especially if it does not correspond to any actual entity or reference in the location. Additionally, the transformation of the land from agricultural to non-agricultural use and the subsequent division for road construction further complicates the issue.
For Z, who purchased the house with the same boundaries mentioned in the flawed sale deed, rectification may indeed be necessary to ensure clarity and accuracy in the property description. In India, rectification of documents can be pursued through legal channels.
Z can file a rectification suit in the appropriate civil court. This suit aims to rectify the error in the boundary description and correct the inaccuracies in the sale deed. Z should provide evidence to support the claim of the incorrect description. Any documents, surveys, or records that prove the actual boundaries of the property should be gathered and presented as evidence in court to support the claim for rectification. Sometimes, parties involved may opt for negotiation or mediation to resolve such issues without going through lengthy court proceedings. If the previous owner (Y) acknowledges the mistake and is willing to rectify it, a mutually agreed-upon rectification deed can be drawn up. You can reach out to us for further assistance
