civil suit case
4 months ago
Someone filed a civil suit case in our plot by mentioning correct south east , north west boundaries , and in our sale deed we had done a mistake by mentioning wrong north west boundaries , is this effect in the case or due to this is there any chances of going judgement in favour of plaintiff due to this mistake. because we dont have rectification option as the seller dies .
A.Dear Client,
As stated by you in the query, in the given situation, based on the documentary evidence with regard to boundaries of the plot placed by the plaintiff to establish his claim in the civil suit, the Court may pass an order in favour of plaintiff with a direction to the defendant to rectify the errors in Schedule of land that appears on the face of record and disputed the boundaries of of plaintiff. Accordingly you have to make out a Deed of rectification to rectify the error in the Schedule mentioned land. But when there is no option to make a deed of rectification to rectify the unintentional error/mistake of the parties, under Article 26(1) of the Specific Relief Act, 1963, a civil suit for rectification of instrument may be brought either by the parties thereto or by their representatives in interest/successors. The plaintiff may in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified, or the defendant to any such suit in which the right arising under the instrument is in issue may, in addition to any other defence upon to him, ask for the rectification of the instrument. In the matter of rectification, the true question is what the intention of the parties was at the time of its execution and not what the parties intentionally omitted. The plaintiff must establish that the alleged intention to which he desires the document to be made conformable, continued concurrently in the minds of all parties down to the time of its execution. As per Section 26(2) of the Act, if in any suit in which contract or other suit is sought to be rectified, the court finds that the instrument, through fraud or mistake does not express the real intention of the parties the court may in its discretion direct rectification of the instrument so as to express the intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value. Reach out to an Advocate for guidance and appropriate steps in the matter.
As stated by you in the query, in the given situation, based on the documentary evidence with regard to boundaries of the plot placed by the plaintiff to establish his claim in the civil suit, the Court may pass an order in favour of plaintiff with a direction to the defendant to rectify the errors in Schedule of land that appears on the face of record and disputed the boundaries of of plaintiff. Accordingly you have to make out a Deed of rectification to rectify the error in the Schedule mentioned land. But when there is no option to make a deed of rectification to rectify the unintentional error/mistake of the parties, under Article 26(1) of the Specific Relief Act, 1963, a civil suit for rectification of instrument may be brought either by the parties thereto or by their representatives in interest/successors. The plaintiff may in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified, or the defendant to any such suit in which the right arising under the instrument is in issue may, in addition to any other defence upon to him, ask for the rectification of the instrument. In the matter of rectification, the true question is what the intention of the parties was at the time of its execution and not what the parties intentionally omitted. The plaintiff must establish that the alleged intention to which he desires the document to be made conformable, continued concurrently in the minds of all parties down to the time of its execution. As per Section 26(2) of the Act, if in any suit in which contract or other suit is sought to be rectified, the court finds that the instrument, through fraud or mistake does not express the real intention of the parties the court may in its discretion direct rectification of the instrument so as to express the intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value. Reach out to an Advocate for guidance and appropriate steps in the matter.
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A.Dear Client,
The incorrect mention of boundaries in your sale deed could potentially have implications in the civil suit filed against your plot. The Madhya Pradesh High Court recently reiterated that in cases where there is discrepancy between parties with respect to the identity of the land, then the boundaries mentioned in the sale deed executed by them would prevail. The laws regarding sales deed also differs from state to state. You can also get the Rectification Deed done in the jurisdictional Sub Registrar's Office rectifying the correct boundaries. This can be done by the Vendor prior to the current Vendor. Expenses differ from State to State and the information for this has to be obtained from the State where the property is located.
Thankyou
The incorrect mention of boundaries in your sale deed could potentially have implications in the civil suit filed against your plot. The Madhya Pradesh High Court recently reiterated that in cases where there is discrepancy between parties with respect to the identity of the land, then the boundaries mentioned in the sale deed executed by them would prevail. The laws regarding sales deed also differs from state to state. You can also get the Rectification Deed done in the jurisdictional Sub Registrar's Office rectifying the correct boundaries. This can be done by the Vendor prior to the current Vendor. Expenses differ from State to State and the information for this has to be obtained from the State where the property is located.
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A.Dear Sir,
You must resist such false suit by producing other documents and in the meanwhile get rectification deed in respect of your sale deed which describes wrong boundaries.
You must resist such false suit by producing other documents and in the meanwhile get rectification deed in respect of your sale deed which describes wrong boundaries.
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