• Survey number problem

Sir, Good evening to one and all
 My father purchased a property on 1988 which holds 1 acre and 35 cents, we are 2 sons. My father passed away.I went for a legal opinion for bank loan the lawyer said that the survey number is wrong in present deed that is instead of survey number 238 it has been typed as 239 i asked this question few months before u all given me good ideas for this clerical mistake in the manner of rectification deed/ declaration suit, It cost more according to the property valuation I am not able to spend that much money for stamp duty I am already running for the loan, so i was not able to spend for the stamp duty.  but now in our home town a lawyer said, you just convert the document between your two brothers as a gift deed from your father with the prompt survey number 238.Shall i go  head and change the deed as gift deed with correct survey number as 238 whether it will create any legal problem in future.Thanks in advance.
  Please help me with the right resolution
















 As of now when you go for the sons and daughters of them they are nearly 20 people.I approa
Asked 10 months ago in Property Law from Tiruppur, Tamil Nadu
Religion: Hindu
1) deed of rectification has ru be executed by seller to correct the mistake in survey no 

2) deed of rectification has to be stamped and regd 

3) mere execution of gift deed won't serve the purpose as defect in sale deed has to be rectified 
Ajay Sethi
Advocate, Mumbai
24623 Answers
1320 Consultations
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Exchanging gift deeds is not correct procedure.  Rectification deed is the right thing and the cost is also very low.  Only fixed fees will be their.  You enquire and check up in the Sub Registrar office.  Somebody has misguided you.

It is not necessary all the 20 members should sign.  Only the legal heirs of your deceased father shall sign.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
69 Consultations
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How can the gift deed be created by your father when he is no more?
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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If the members have died, their legal heirs have to sign. You have to convince them and have to pay some amounts.  Otherwise they wont accept to sign. If the legal heirs harasses you and does not sign, it is better to file a declaratory suit before the concerned court.  Thus you will be relieved from all problems.  You contact me by phone consultation of Kaanoon.com. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
69 Consultations
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1) it has to be signed by legal heirs of the four co owners 

2) signature by one of the legal heirs won't suffice 
Ajay Sethi
Advocate, Mumbai
24623 Answers
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You are talking about aout deed of exchange.  You should be aware that even the deed of exchange  the applicable  stamp duty  is required to be paid then only it can be registered.
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
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The execution of rectification duty does not attract the stamp duty. only the registration charges need to be paid.  You may have to locate the vendors or their heirs to execute the same in your favor. 
T Kalaiselvan
Advocate, Vellore
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138 Consultations
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The rectification deed has to be executed by the legal heirs of every seller.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0

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