Rectification deed in a sale deed containing two plots
2 months ago
Two DTCP approved plots registered in a single sale deed. For one of the plot, actual measurement is not matching with what is present in DTCP approval. DTCP approval says 30X50 but in bhoomi it is having only 22X50 as there is a common way given by the seller.The sale deed has 30X50 as measurement as same as DTCP. May i know if this can be corrected by a rectification deed mentioning per dtcp approval it is 30x50. but in bhoomi it has only 22x50. Patta subdivision is done by 1st buyer for 30X50(including the road area) and it is present in FMB. Do we need to pay stamp charges again as one of the plot is still correct and second plot only we are correcting in that registered sale deed? Without rectifying this error, can the second buyer buy this plot mentioning dtcp approval it is 30x50. but in bhoomi it has only 22x50.? Please clarify.
Correcting the discrepancy in the plot dimensions between the DTCP approval and the actual measurement in the bhoomi may require a rectification deed. A rectification deed is a legal document used to rectify errors or omissions in a previously executed deed. In this case, it can be used to reflect the accurate measurements of the plots.
When preparing a rectification deed, it's crucial to consult with legal professionals to ensure all details are accurately reflected. While a rectification deed typically attracts stamp duty, the specific amount can vary based on local laws and regulations. It is recommended to check with the local sub-registrar office to determine the applicable stamp duty for the rectification deed.
Attempting to sell the plot without rectifying the error may lead to legal complications and potential disputes. It's advisable to rectify the discrepancy through a legal process to ensure clarity and transparency in property transactions. Consulting with a local legal expert can provide guidance tailored to the specific laws and procedures in your jurisdiction.
Thankyou
In a Schedule of Land which is an essential part of a deed of conveyance showing the demarcation of a property means physically dividing the property into metes and bounds (i.e. area and boundaries of each property will be made). For example, a land of 1 acre may be divided into 4 parts and each part will have a definite area and definite boundaries. Only the recorded owners of the property can apply for demarcation to the Tehshildar/Land Revenue Officer or it can be done on orders from a Court of law. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. The result is a record of great importance in avoiding future disputes. If the neighbor applies for demarcation of land and until and unless the land or property is demarcated following the standing procedure, if the land or property is sold by the adjacent neighbor, it may be a cause of dispute in the future. and the parties may face legal consequences. So, a Deed of Rectification which, is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc. required to rectify the error in the Schedule of land of the original deed with the prior permission of the Registrar. Both parties to the contract(Seller & Buyer) must consent to the revisions requested and attend at the sub-registrar's office for the registration of the rectification deed. A rectification deed is recognized under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in a legal document.