Rectification deed
Rectification of boundries of plot purchased vide sale deed
I have purchased a plot in 1990 vide registered sale deed from person A, this property was self acquired property of person A which was bought vide registered sale deed as agricultural land, Later this land was converted and alinated and plots were made and sold assigning plot numbers. When the plot was sold the boundries were as mentioned where road was towards north ..later after few years the new road was formed towards south closing the road in North ...now existing road is towards south . I was in service outside so couldn't check this as i had fenced the land .. 1. Sale deed have wrong boundries compared to on ground reality as of today . 2. Person who sold has passed away ..both husband and wife are no more 3.this is municipality plot with ekatha ..boundries as per sale deed 4.person A who have sold the plot has 12 children 5 . What are the options to rectify the boundries in title deed as per ground realities ..plot numbers are proper
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
Deed of rectification has to be executed by legal heirs of the deceased seller to rectify mistake in the boundaries of the plot
There are 12 children for this seller ..do we need all of them to be present and sign the rectification deed ? 1. What about the major children of these 12 people 2. What are the options I have if the legal hires are not cooperating for rectification deed ?
Asked 4 years ago
1) all legal heirs should sign the relinquishment deed
2) their children signature is not required
3) if they refuse
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.
Yes you will need NOC from them. If they are not willing approach court for the same
If the boundaries were correct as per the sale deed document at the time of registering the proeprty to your name, it would be better that you don't disturb the same neither you need to rectify the boundaries as per the present situation.
If the changes in the boundaries had taken place subsequent to your purchase, then you may, while selling the proeprty, make a mention about the changes that had taken place and can incorporate the same accordingly.
If you still insist on getting a registered rectification deed executed to rectify the error, you may have to involve all the legal heirs of the deceased owner who have to jointly execute a registered rectification deed.
If one of the legal heirs is died then his/her legal heirs are also to be included as parties to execute the joint rectification deed.
Yes, all the legal heirs of the deceased need to execute the rectification deed. Their children need not join.
