Page Missing from Original Sale Deed and CC
2 months ago
My father bought a plot of residential land in 2010 which he had not mutated in his name. After his demise, I tried to do mutation in my name as per heir certificate but discovered that one page in Original Sale Deed had gone missing during registry. Hence, the page is also not there in the Certified Copy obtained online. What should I do? Vendor is untraceable now.
A.Dear Client,
Rectifying a sale deed in the absence of the vendor or their legal representative is not allowed by law. Both parties' consent is necessary for any rectification in the original deed. According to Section 31 of the Specific Relief Act, rectification requires proving that a mutual mistake occurred, leading to the instrument not truly reflecting the parties' intentions. The court can order rectification if it is satisfied that a mistake was made in framing the instrument and aims to ascertain the real intentions of the parties. To seek relief, one must approach the High Court and consult with an experienced property advocate for guidance and necessary steps.
Rectifying a sale deed in the absence of the vendor or their legal representative is not allowed by law. Both parties' consent is necessary for any rectification in the original deed. According to Section 31 of the Specific Relief Act, rectification requires proving that a mutual mistake occurred, leading to the instrument not truly reflecting the parties' intentions. The court can order rectification if it is satisfied that a mistake was made in framing the instrument and aims to ascertain the real intentions of the parties. To seek relief, one must approach the High Court and consult with an experienced property advocate for guidance and necessary steps.
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A.Dear Client,
In the absence of the Vendor or his legal representative, a deed of rectification of the original sale deed is impermissible under the law. Any rectification in the original deed requires the consent of both parties of the deed. In the rectification of an instrument under Section 31 of the Specific Relief Act, it must be proved that it was through the mutual mistake of the parties that the instrument in question did not truly express the intention of the parties. It must be proved that there has been a mistake in framing the instrument, and it must ascertain the real intention of the parties in executing the instrument. If the court is satisfied by these two conditions, the court has the discretionary power to pass an order for rectification of the instrument/deed provided both parties approach the Court. In the given situation, you have to approach the High Court praying for an appropriate relief in the matter. Reach out to an Advocate experienced in property matters for guidance and steps.
In the absence of the Vendor or his legal representative, a deed of rectification of the original sale deed is impermissible under the law. Any rectification in the original deed requires the consent of both parties of the deed. In the rectification of an instrument under Section 31 of the Specific Relief Act, it must be proved that it was through the mutual mistake of the parties that the instrument in question did not truly express the intention of the parties. It must be proved that there has been a mistake in framing the instrument, and it must ascertain the real intention of the parties in executing the instrument. If the court is satisfied by these two conditions, the court has the discretionary power to pass an order for rectification of the instrument/deed provided both parties approach the Court. In the given situation, you have to approach the High Court praying for an appropriate relief in the matter. Reach out to an Advocate experienced in property matters for guidance and steps.
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