Deed of rectification has to be executed to rectify mistake in surgery number of property 

2) if donor is dead or not traceable you will have to file 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.

You have to make application for mutation of property in name of legal heirs of great grand father 

then file suit for eviction of trespasser who is in possession of property 

You first verify from previous title deeds of your grandfather about the correct katha number and after that your grandfather's other legal heirs are required to execute a rectification deed to the registered gift deed in favour of your mother.

If the Katha number is same in all other documents to the one in your hand then you may have to notify the concerned revenue department about this error and rectify the same as per prescribed procedures of law.

If the property is on your grandfather's in the registered sale deed but the possession is with a third party your mother and her brother can issue a legal notice jointly to the occupiers to vacate and deliver vacant possession of the illegally occupied people.

If they refuse to comply with the demands made you may approach court of law with a suit for declaration of title, mandatory injunction against them to remove unauthorised structures or obstacles in the property and permanent injunction to restrain them from interfering in your possession and enjoyment of the property and also for delivery of possession.

You can get a rectification deed executed to correct the same 

- The legal heir of your grand father can registered a rectification deed to correct the Khata number. 

- If they are not agreed then your mother will have to file a suit before the Court under the Specific relief Ac. 

- Further , as the another property which is registered in the name of your grand father can be claimed by all his legal heirs equally. 

- The legal heir can send a legal notice to the said occupier of the property to vacate the property 

- If they not handover the possession then lodge an FIR for the offence of trespassing in the property. 

Dear Client,

1. Correction of Erroneous Khata Number in Gift Deed

As your grandfather's gift deed (2020) to your mother contains an error in the Khata number, but mutation and LPC are already registered in her name, you must rectify the errorlegally to avoid future problems.

Procedure to Correct Khata Number in Gift Deed:

Rectification Deed (संशोधन विलेख)

Your mother must sign a Rectification Deed to correct the error in the Khata number in the gift deed.

As your grandfather has expired, you (his legal heirs) will have to sign the rectification deed as confirming parties.

Get it registered in the Sub-Registrar Office where the original gift deed was registered.

Apply for Mutation Correction

As mutation is already effected in your mother's name, you will have to apply to the Tehsildar / Circle Officer to rectify the erroneous Khata number in land records.

Attach:

Rectification Deed

Mutation Order

Original LPC & Khata Extract

Public Notice (Optional, in case of Additional Security)

Prevent future claims by publishing anadvertisement in the local papersstating that Khata number in Gift Deed was mentioned in error and corrected presently by Rectification Deed.

2. Problem of Possession on Great Grandfather's Land

Because sale deed is your great-grandfather's name and possession with somebody else, you have two possible legal courses:

(A) Petition for Possession under Civil Suit

As the land is legally held by your family, you can bring a civil suit for possession and eviction in the local civil court.

The suit must be brought by your grandfather's legal heirs (his son and daughter).

If the occupant raises adverse possession, they will have to establish that they were in uninterrupted, continuous possession for a period of 12 years or more.

(B) Settlement / Compensation Negotiation

In case the person occupying does notbudge, offer monetary compensation or land swap.

Settle peacefully with a panchayat mediation in local panchayat or that oftehsildar.

Final Advice

For Khata error, file Rectification Deed registered & mutation rectified at the earliest.

For occupation dispute, verify land records & file case for possession if need be.

In case the person occupying asserts right of ownership, take help from a property attorney to contest beforethe court.

Sir/Madam,

You are suggestged to file the police complaint as well as file application with the revenue authorities for the same and take possession of the said land.