• Rectification sale deed is required if plot size is mentioned wrong in partician deed

I have plot in the hyderabad area, that is plot is part of the partition deed as my grandfather's property.
we have three bothers and my father; all are included in the partition deed, and my father has passed away.

in the plot area, it is mentioned the part is 131 yards, but layout sketch part in the partition deed showing around 144 yards()
but physically surveyed with my brothers owning plots, its mapping with area is 144 yards
I have claimed in Layout Regulation Scheme 131 yards only, but its showing physically 144 yards
 now can i do self rectification as there is no effect to my brothers plots, this is typo error while deed preparation
layout regulation authority will reject the application due mismatch with physical space
How to proceed for this issue
Asked 6 months ago in Property Law
Religion: Hindu

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7 Answers

deed of rectification has to be executed to rectify mistake in partition deed 

 

it has to be signed by all the parties to partition deed 

 

3) you cannot do self rectification 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Get the registered Rectification Deed executed by all the stakeholders in the jurisdictional Sub Registrar's Office rectifying the error.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

You need to register a Rectification Deed with your brothers, correcting the plot size from 131 to 144 sq. yards. This must be done at the Sub-Registrar Office. LRS will reject your application unless the deed matches the actual measurement. You cannot self-correct—legal rectification is mandatory.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

You cannot add the extra space in your deed while selling because as per the partition deed, the extent was mentioned a different area though on physical measurement you found extra space.

You may have to verify the original document to confirm the actual extent of land which was subsequently partitioned among three of you and if all the three  are entitled to an equal extent of share in the property then you may ask your brothers to cooperate for executing a joint rectification deed to include the extra space as your property.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

- Yes, it can be rectified if all the parties are agree for the same 

- The Rectification deed should be registered and signed by all the parties. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes a registered rectification deed needs to be executed for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Your three uncles (your father's brothers who executed the partition deed) and all the legal heirs of your father have to JOINTLY execute and register a deed of rectification to cure this defect in the measurement.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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