We purchased house land 10 years back, in our sale deed one of the east side boundary noted 6yards road , now there is no road towards east side .
In earlier days where road was shown (it means East side) is government land and noted as a donka road in government records till date , the existing government land allotted to industries few years ago.
At present east side instead of road, industries compound wall is our boundary.
Now how to do the rectification deed, it is compulsory while doing the rectification deed old owners (seller) is to be required to sign in the rectification deed document
If in that case our old owner (seller) is not available and also we don’t know at present where he was residing.
What is the alternate procedure for to do the rectification deed, if the last owner (who sold the house plot to us) is not available and not traceable?
I am requesting you to please kindly tell us the procedure and information
Rectification deed is a document correcting the mistakes of facts in the original sale deed. Such rectification is generally carried out with the consent of all the parties to the original sale deed by executing a fresh rectification deed signed by all the original parties and also stamped and registered.
But if any of the parties to the original deed is not available (as in your case) the alternative solution is to file a suit under S. 26 of the Specific Relief Act, 1963.
This section provides, where the real intention of the party is not properly expressed in the documents because of mistake of fact or fraud, either the party or his representative may institute a suit to have the deed rectified.
The section empowers the court to direct rectification of the instrument if the court gets satisfied that the deed does not express the real intention of the parties because of a bona fide mistake of fact. Further the contract in writing may first be rectified and then if the party claiming rectification has so prayed, in his pleading and the court thinks fit, may be specially enforced too. This relief will be granted, if it has been specially claimed. If it has not claimed such relief in his pleadings, the court at any stage of the proceedings may allow him to amend the pleadings. This is entirely discretionary and will depend on the facts and circumstance of each case.
In the present case, there does not appear to be any need of the Rectification Deed to be executed as when the property was sold the same was aptly described in the Sale Deed. This is also clear from the government records showing the existence of the road on the east side. It was later that the said road was sold to the industries. If still there is a need felt for Rectification the old description of the Property can be retained and a new description also added.