You need to execute a Rectification deed to correct the error. For this, you will need to find the seller of the property as he needs to sign the rectification deed as well. If the seller is dead, you can approach his legal heirs for the same. The principle is that all parties to the original deed must jointly execute the rectification deed.
If the legal heirs of the vendor cannot be found, you can file a suit for Declaration before the local Civil Court. You will have to pray for a declaration by the court that an inadvertent erroneous description of boundaries has been made in the sale deed and the same needs to be corrected. The court will then give directions to the sub-registrar to rectify the document in his records.
Procedure:
- Both parties must agree upon the corrections to be made and the same should be transferred to a duly executed document.
- Registration charges and stamp duty are to be paid by the parties as per the laws of the state.
The deed then needs to be registered in the sub-registrar’s office where the original deed had been registered.
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almost 3 years ago