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Seller not agreeing for rectification deed
4 months ago
Seller is not agreeing to sign rectification deed for correcting wrong survey number and measurements of a plot in registered sale deed. Can the buyer can file a declaratory suit before a court under Section 26 of Specific Relief Act 1963?
May I know how soon he can get the relief from court and what is the cost involved?
Also,who should borne the cost for rectification? As per the sale deed,vendor has promised to rectify the defect in the title. Please advise who need to borne the cost as per law.
A.Dear Client,
You can file a declaratory suit against the Seller/Vendor before the Civil Court under Section 26 of the Specific Relief Act 1963 to get a rectification deed for the correction of errors in the original Sale Deed. Time taken for a decree in a civil suit varies based on the facts and circumstances of the case. The buyer or seller has to pay a nominal charge of Rs.100 to execute a Rectification Deed in the sub–registrar's office. However, this applies to just minor changes in the original document. In case of major changes, a higher fee is charged, depending on the significance of the change. As per the sale deed, when the Seller/Vendor has promised to rectify the defect in the title, he should bear the cost of rectification which is needed for his default.
You can file a declaratory suit against the Seller/Vendor before the Civil Court under Section 26 of the Specific Relief Act 1963 to get a rectification deed for the correction of errors in the original Sale Deed. Time taken for a decree in a civil suit varies based on the facts and circumstances of the case. The buyer or seller has to pay a nominal charge of Rs.100 to execute a Rectification Deed in the sub–registrar's office. However, this applies to just minor changes in the original document. In case of major changes, a higher fee is charged, depending on the significance of the change. As per the sale deed, when the Seller/Vendor has promised to rectify the defect in the title, he should bear the cost of rectification which is needed for his default.
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A.Dear Client,
If the seller is unwilling to sign a rectification deed to correct errors in the survey number and measurements mentioned in the registered sale deed, the buyer may indeed consider filing a declaratory suit under Section 26 of the Specific Relief Act, 1963. The court process duration can vary, and it's advisable to consult with a legal professional for a more accurate estimate based on the specific circumstances.
As for costs, the responsibility for rectification costs often depends on the agreement outlined in the sale deed. If the sale deed specifies that the vendor is obligated to rectify defects in the title, the vendor should bear the associated costs. However, legal expenses incurred during the court proceedings might not be covered by the vendor unless otherwise specified in the agreement. It's crucial to carefully review the terms of the sale deed and, if necessary, seek legal advice to understand the potential costs involved and the best course of action.
Thankyou
If the seller is unwilling to sign a rectification deed to correct errors in the survey number and measurements mentioned in the registered sale deed, the buyer may indeed consider filing a declaratory suit under Section 26 of the Specific Relief Act, 1963. The court process duration can vary, and it's advisable to consult with a legal professional for a more accurate estimate based on the specific circumstances.
As for costs, the responsibility for rectification costs often depends on the agreement outlined in the sale deed. If the sale deed specifies that the vendor is obligated to rectify defects in the title, the vendor should bear the associated costs. However, legal expenses incurred during the court proceedings might not be covered by the vendor unless otherwise specified in the agreement. It's crucial to carefully review the terms of the sale deed and, if necessary, seek legal advice to understand the potential costs involved and the best course of action.
Thankyou
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A.Dear Sir,
You have to file a suit for declaration against the previous vendor and also seek all the relevant expenses and damages for misguiding you thus you may win the case but it will take time if the vendor contest the case.
You have to file a suit for declaration against the previous vendor and also seek all the relevant expenses and damages for misguiding you thus you may win the case but it will take time if the vendor contest the case.
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