• Incorrect facing direction of property in registry

Hi sir/madam,
I would like to purchase a property.we gave advance of 50,000 to the vendor and he gave us all the documents for review before registration.
We see that the facing directions of the property are incorrectly mentioned in the sales deed ,that is ,it's mentioned in the deed that plot no 90 exists on the east side of the property but in reality a plot number 92 exists on east side ,and also its mentioned that plot no 92 exists on its west but actually plot no 90 exists on West.

Plot number (91),survey number and other details are correctly mentioned.
The property was transacted by two vendors since it's inception,and it was correctly mentioned in first registry (between colonizer and first purchaser) but not in second registry which current owner have. 

I don't want to lose property for this reason.i don't think first vendor is traceable or still living.

Please advise on how to get this rectified before transferring it to my name and how long should this process take?
Asked 13 days ago in Property Law
Religion: Hindu

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7 Answers

deed of rectification has to be executed by first seller to rectify mistake in sale deed 

 

it should be duly stamped and registered 

 

3) if first 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.

 

 

. 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
94651 Answers
7522 Consultations

5.0 on 5.0

Get the registered Rectification Deed executed by first vendor in favour of the second vendor rectifying the mistake of boundaries that has occurred in the sale deed .

If the first vendor is not traceable, then you can correct it through a registered Declaration Deed or if the first vendor is dead, then get the Rectification Deed executed by his legal heirs. The entire process may take 3 working days.

Shashidhar S. Sastry
Advocate, Bangalore
5106 Answers
314 Consultations

5.0 on 5.0

You can execute rectification deed and correct it

Prashant Nayak
Advocate, Mumbai
31907 Answers
179 Consultations

4.1 on 5.0

The schedule of property with incorrect details is going to be a problem forever. 

It is not advisable to buy the property with incorrect details 

You may ask the vendor to get the rectification deed executed by a registered document and then sell the property otherwise it will not be a proper sale deed.

The property document with incorrect details is equal to defective title, hence better do it in the proper manner without hurrying for purchase of property just because yo like it.

T Kalaiselvan
Advocate, Vellore
84851 Answers
2185 Consultations

5.0 on 5.0

Well, due to this anomaly you may be in difficulty in future.

To avoid you can explain this anomaly in your deed of sale with correct description. 

Devajyoti Barman
Advocate, Kolkata
22810 Answers
487 Consultations

5.0 on 5.0

- Since, the description of the property is mentioned wrongly , hence it is not advisable to purchase the said property without rectify the said defects. 

- The First seller can execute a registered rectification deed , and if not traceable then the last seller should file a suit before the court for directing the registrar to rectify the defects in the absence of the seller. 

Mohammed Shahzad
Advocate, Delhi
13190 Answers
197 Consultations

5.0 on 5.0

Dear client, you can make a rectification deed for the sale deed which there is a mistake or error. The rectification deed is to be registered with sub-registrar. 

If the owner or vendor is not alive then the legal heirs of him can make the rectification deed.

Anik Miu
Advocate, Bangalore
8821 Answers
110 Consultations

4.7 on 5.0

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