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Civil suit as an alternate to Rectification Deed
29-Aug-2023 (In Documentation Law)
After a year we found a typo error in Release Deed made among family members. The length and breath of east and west were typed for north and south and vice versa. There is no alteration in the total area.Instead of going for rectification deed if I choose civil suit how much time it will take to get the court order? and how much fees has to be paid for court? the guide line value of the land is Rs.4310 per sq. meter and the total land is 445.9 sq. mt. the land is released to two parties vide 148.6 sq. mt and 297.3 sq. mt. The doc err found in the area measuring 297.3 sq. mt. Please help..
A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
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.
There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.
you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit
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.
There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.
you ought to file suit within three years from the date of the sale deed. From the date of the sale deed itself, the time starts to run for filing the suit
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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What is the difference between rectification deed and correction deed?
In Section 17 of Indian Registration Act (1908), a Rectification Deed is also known as a Correction Deed. A correction deed can be used to correct any errors that may have been made in a sale deed.
Can a mistake in a deed be rectified?
Both the buyer and seller must appear in person at the office of the sub-registrar where the sale deed had been registered if either party finds an error. The official will require that they submit a request for correction of the document along with the supporting documents. 11-Oct-2023
Can rectification deed be made without the consent of the previous owner?
Both parties must be present at the subregistrars offices and agree to the proposed changes in order to register the rectification act. Both parties are the buyer and seller. If the previous owner/s are deceased, you can contact their legal heirs in order to resolve the matter.
Is there a time limit for rectification deeds?
There is no deadline for a Rectification Deed. No matter what stage of the property transaction the parties are in, if they discover any mistakes in the deeds, they can request a Rectification Deed. The majority of us do not know the meaning of most legal documents. 03-Jan-2023
You can also file a lawsuit under Section 26 of Specific Relief Act 1963. The law will provide relief to the parties if the true intention of the other party is not accurately reflected in a document.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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