3 Answers
Dear client,
Yes, it is possible to file a rectification deed in your case because the original sale deed from 2009 contains a mistake in the survey number. Since the mistake relates to the description of the property, it can be corrected legally. However, because your grandmother has passed away, the rectification must now be signed by her legal heirs. Your mother’s two brothers are willing to sign, but the elder brother is not. Due to this, the sub-registrar is unlikely to accept the rectification deed without the consent of all legal heirs of the seller. In such a situation, you can approach the civil court and file a suit for rectification of the sale deed. This can be done under section 26 of the Specific Relief Act. In the court, you need to prove that the error in the deed was a genuine mistake and that it does not reflect the actual intention of the sale. The court has the power to order the correction even if one legal heir is refusing to cooperate. Once the court passes an order, the rectification can be done based on that order without needing the signature of the objecting heir.
I hope this answer helps, in case of further queries, please dont hesitate to contact us.
Take order from competent authority or Court of law by filing appropriate proceedings and submit it to Concerned authorities
Rectification Cannot be done ….. As one of the person signed is no more….. So You will have to file a new MA Application for the typo error and get it approve from judication and you can send a final order copy in tahsildar….You will have to mention the old serve number alone with 6x12 and 7x12 Extract ….
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