The remedy is to execute a rectification deed, but this is possible only if the seller agrees to do so. So if the seller is deceased then his legal heirs can execute the rectification deed in favour of the buyer or buyer's heirs. You should trace and contact the heirs of the seller to convince them to do this. If they refuse to cure the defect then a lawsuit can be filed against them in the court to seek judicial directions to them to execute the rectification deed.
Clerical mistake in deed
Sir i am Siva my father purchased a land of 1.35 acres in 1988 and i gone for a legal opinion for a bank loan the lawyer said there is a mistake in the registered deed that the site number 238 mentioned in the mother document is typed as 239 in the present document so the lawyer is not giving legal opinion and the person who gave this land is no more and my father also got expired sir i want to know what can be done to correct this mistake
Asked 8 years ago in Property Law
Religion: Hindu
5 Answers
1) deed of rectification is required to be executed for correcting the site number in your sale deed
2) if seller is dead his legal heirs can execute deed of rectification
If the seller and purchaser both are dead, then as the legal heir you can file a declaration suit seeking rectification of the mother deed, in this case you will have to make the district sub-registrar one of the party to the suit. as regards court fee payable etc., you will have to contact a local advocate where the property is situated in order to ascertain these.
1. Find out whether the deceased person who sold the land to your deceased father has legal heirs or not,
2. If you can find them and they agree, then file a rectification deed before he said registrar for rectifying the mistake committed in the said deed,
3. If you do not find any legal heir of the said deceased seller, file a declaratory suit before the civil court praying for declaration that there was an inadvertent typographical error committed while registering he said sale deed with an order upon the registrar incorporate correction in it.
The erroneous site number is as good as possession other's property.
A rectification deed is to executed to amend the correct site number.
For this no stamp duty is required to be paid however the applicable registration charges are to be paid.
If the vendor is not alive, the legal heirs of deceased vendor need to execute the rectification deed.
If the buyer is also not alive now, then the legal heirs of the deceased vendor need to execute the rectification deed in favor of the legal heirs of the deceased buyer.
