Boundary is wrongly marked seller is claiming back after 25 years

350 votes

It is important for you to know that a unilateral mistake i.e., a mistake on the part of one party to the contract at the time of entering such contract does not vitiate consent and does not make it invalid. Such a contract will be valid as per Section 22 of the Indian Contract Act, 1872.�

Having said since a sale deed serves as proof of your ownership over an asset, it is imperative to get errors corrected as soon as possible. Failing to rectify the mistakes could jeopardise your position as the owner. One can get such a mistake rectified by signing a rectification deed.

Both parties will have to sign a rectification deed and correct the mistake there. A rectification deed, also known as a correction deed or deed of rectification, is a legal document used to correct errors or mistakes in a previously executed deed. It is typically used when there is a mistake or discrepancy in the original deed that needs to be addressed and rectified.

A rectification deed serves the purpose of making amendments to the original deed in order to accurately reflect the true intentions and agreement of the parties involved. It is commonly used to correct errors such as misspelt names, incorrect property descriptions, wrong boundaries in sale deed, or other clerical or typographical mistakes.

The rectification deed is executed by the same parties who were involved in the original deed and generally requires their consent. It clarifies the correct information and replaces or modifies the erroneous provisions or descriptions in the original deed.

The rectification deed is then registered with the appropriate land registry or governing authority to ensure its legal validity and enforceability. It becomes a legal document that amends the original deed and establishes the corrected and accurate details of the property or transaction.

If the other party does not agree with the suggested corrections, one may take legal recourse, and a case can be made against the party that has chosen to opt for a rectification deed. Furthermore, as per Section 26(a) of the Special Relief Act, 1963, if a contract does not comply with the real intention of either of the parties, they may institute a suit to rectify the instrument.

LawRato LawRato

825 votes

Hi
You are legally in possession of the land for entire 3 acres of land for the last 25 years. The seller has no rights what so ever now even if the mistake is genuine. The rectification deed (given that eastern boundary is wrongly mentioned), should have been done by the seller within 1 year from the date of the deed. it cannot be corrected now.
DO NOT GIVE IN TO THE SELLER DEMAND UNLESS YOU ARE AT A FINANCIAL LOSS FROM HIS MISTAKE.

Advocate Rajagopalan LawRato

806 votes

hello . while purchasing your land did you pay for 3 acres of land or 4 acres of land .if you paid for the land value u purchased then u cant claim if u have paid higher value and u have been cheated by the land owner then u can go for legal action. here go through your document , drawing of your land what was mentioned at that point .once go through it and let me know so that we can decide what to be done to get your claim

Advocate Syed Yakoob Zainulabedin LawRato

125 votes

When there is a dispute over the identity of a land, the boundaries stated in the sale deed will prevail. This is based on firmly established law. If the defendants believed that the wrong boundaries were mentioned in the deed then they would have to execute a rectification.

Advocate Chikirsha Mohanty LawRato