Rectification and Transfer of ownership
28-Sep-2023 (In Property Law)
Hello Everyone,
My Father has a land where there are errors in measurement but the Land has been mentioned with all the drawings. His brother is not agreeing to sign the Rectification Deed. If we transfer the ownership from my Dad to me, will I be able to make the measurement changes. If not olease give me an alternate options to go through this.
your dad can transfer you, the same measurement of land which he is having on record. if your uncle not agreeing to sign the rectification deed then, you have to file a suit in civil court. after you get the decree, you can approach the sub registry and rectify it. it is a bit long process. if possible try to get it done amicably. otherwise, the above-mentioned process you have to follow.
In cases where parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act, 1963. The court can direct the rectification of an instrument if the court is satisfied.
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