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How to proceed for rectification deed, if principal is died.


09-Aug-2023 (In Property Law)
My grandfather sold plot A to the outsiders through the registered sale deed in 1998. My mother got plot B through the registered settlement deed in 1991. Recently we came to know, that in my mother's settlement deed, plot A number is mentioned instead of plot B number. The boundaries and measurements are written correctly. My grandfather died in 1994. How to proceed for the rectification deed. Since my grandfather is died, what are the other options are available for correction of plot number?
Answers (2)

Answer #1
653 votes
Please correct your dates given in your question . You have written , your Grandfather died in 1994 , then how he sold his Plot A in 1998 ? And I assume , your mother is in possession of Plot B since she got the same after the Regd. Settlement Deed. And I assume the outsider also is in posession of the Plot A , after his / her Regd. Sale Deed . Now, as your Grandfather has already died , of course No rectification Deed can be possible. The Only Legal remedy is , to approach a Civil Court , for filing of a Civil Suit for Declaration of Right , title and interest and also posession over the Suit Land , other remedies can also be added , like Adverse posession , and / or Permanent or madatory Injunction , depending on the situation , which can be discussed and assesed , after verification of your documents
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People also ask

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 has passed on, you can contact their legal heirs in order to resolve the matter.

How do you execute a rectification deed?

The original document must be approved by both parties. The original document should not contain any major errors. The rectification document must be printed on non-judicial stamp papers of the appropriate value.

Is there a time limit for rectification deeds?

There is no deadline for issuing a rectification deed. No matter what stage of the property transaction the parties are in, if they discover a mistake on the sale deed then they can apply for the Rectification Deed. The majority of us do not know the meaning of most legal documents. 03-Jan-2023

What is the alternative to a rectification deed?

You can file a lawsuit before a court based on Section 26 of the Specific Relief Act 1963. In the event that the true intention of a party is not accurately reflected in documents executed due to a genuine mistake in fact, the law offers relief to the parties. 29-Aug-2017

  
Answer #2
348 votes
Only if the seller consents, can a rectification act be executed. In the event of the sellers death, his legal heirs may execute the deed on behalf of the buyer or the buyers heirs. Contact the sellers legal heirs to convince them.
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Comments by Users

Mohd Aslam
I have been left out of the will deed my mother has made as she is expired now how do I rectify it . My other brothers are willing to rectify it what should be done.

Reply by LawRato
A will can be understood as the testator's demand, desire, or order for dealing with their property after death. It is important for the testator to clearly express their wishes in the will, and for the will to be concise and unambiguous.

However, if there is any ambiguity or confusion in the will, or if the provisions of the will appear to be contrary to the testator's intentions, then it may be challenged in court. The court will then interpret the will and make a determination as to the testator's true intentions.

If the court determines that the will is invalid, it will be set aside and the estate will be distributed according to the laws of intestacy. If the court determines that the will is valid, it will be executed as written and the estate will be distributed according to the terms of the will.

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