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How to make correction in a sale deed
10-Mar-2023 (In Property Law)
There was a land 10 acres which was converted in to plots in 1995. This is now with in BBMP limits. A was the total land owner and he sold to B through two different registered Sale Deeds SD1 and SD2. B has converted them into plots and sold one of them to my father, through GPA which is registered. Also, In the registerd GPA it says, my father can Sell the property to anyone. Also, In the GPA it was mentioned that B has got this plots through sale deeds SD1 and SD3, by mistake. But actually, B got it from SD1 and SD2. Couple of Years back my father has made a sale deed to my brother with out the Presence of the Person(i.e B) who gave my father the GPA. 1. Should we change the sale deed numbers in the original GPA document from SD3 to SD2. We do not know where B is currently available. All we know is that he is alive. 2. If we have to change the Sale deeds from SD3 to SD2 in the GPA document,what is way to do with out B presence?
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. Vedashree A
Bangalore | 500+ Answers
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