Error in the property paper names what to do.

914 votes

Execution of property documents is a complex process. Sometimes, a mistake can happen in the process of execution of a document. It is always advisable to get the mistake rectified at the earliest. It may create a major problem at a later stage.
There are different kinds of mistakes possible. For example, there could be an error in facts such as area of the property, its dimensions, the location of the property, survey numbers, names of the owners or the transferors, or the consideration amount. These may be typo errors or because of improper comparison with the property documents such as the transfer deed, sale deed, title deed, revenue records etc. These errors can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes.
There must have been a bonafide mistake whereby the original deed does not reflect the true intention of parties towards the deed.The mistake should pertain to facts only. The parties to the agreement must agree to modify the original agreement by addition, deletion, or rectification of any terms referred to in the already executed deed. The parties need to bring the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
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.In case the original deed is registered, the rectification deed should also be registered. The requisite stamp duty and registration charges should be paid as per the laws in force in the State. For errors such as spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case a rectification deed relates to the area, names of the parties, or extent of the property, the stamp duty and registration charges as applicable to a conveyance deed are payable.

Advocate Siddhant Sharma LawRato

797 votes

As I have understood from your querry is that, you are using the shop since last 25 years but all the papers are in the name of your uncle and he wants to sell it ? If I have understood it correctly, then there are some documents basing upon which you can claim your right over the property, if there are no family settlement or partition deed. You can rely upon the receipts of the Government rent paid by you, water bills, electricity bills, and any other receipts showing payments made by you on behalf of the shop room.

Advocate Ramesh Agarwal LawRato