How to rectify 15 years old property documents

604 votes

While executing property documents, there are chances that some mistakes may occur. This can happen in the process of execution of the documents. It is always advisable to get these mistakes rectified at the earliest, otherwise they may create major problems at a later stage. The errors may relate to the name of the parties, their address, area of the property, dimension, location, survey number of the property, or the consideration amount. There can be typing errors or errors because of improper comparison with the property documents like the transfer deed, sale deed, title deeds and revenue records. These errors can be rectified by the execution of a supplementary document called correction deed or rectification deed.
The parties need to get the corrections into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.For mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each.
In case the rectification deed relates to the area, names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable. In case some of the parties to the agreement do not agree to such an amendment or rectification, the other party may file a suit before a court under Section 26 of the Specific Relief Act 1963.

Advocate Vedashree A LawRato

590 votes

You are legal heir of your parents get the death certificate of them and as a legal heirs you can get the property rectified through Rectification Deed rectifying the mistake happened as typographical mistakes so register it so they can do rest.

Advocate Nagesh B L LawRato

590 votes

Question: Can a property which was sold by my mother 15years back be rectified now by me after her demise . 15years back , my parents had sold their property to a purchaser. our actual plot was 30*40. since, my parents were in good terms with neighbours and we lived in brotherhood as they had already constructed their house,30yrs back and had helped us in many ways. we left that portion to neighbours although we didnt make an agreement and but we registered 36*30 size to the party and sold them for so much worth only. Now after 15years, after my parents death, that buyer has come to me and asked me to rectify the document to 30*40 in order to break the house of the neighbour. Is it legal to do so. Can this be rectified after 15years , after death of my parents from my end to a buyer to whom my parents sold 15years back. Please guide me on this

Response --- you can not register the rectification deed

LawRato LawRato

654 votes

No. You cannot execute a Rectification Deed which has been duly executed by your mother during her life period. Any deviations or discrepancies, the civil court has jurisdiction to entertain the suit.

Advocate V Sripad LawRato

500 votes

The property which was sold by your mother 15 years back could be rectified now. If your parents had sold their property to a purchaser. The property delivered to the purchaser after it is sold. As such, the boundaries prevail over the measurements. Now legally you have no right to claim the same as the Law of Limitation bars.

As such wisdom prevails and so you ratify the mistake crept in preparation of the deed executed by your parents. No legal Bar.

Advocate Chandraiah LawRato