Neeraj Kumar
Asked November 05, 2016

Khasra detail incorrectly typed

  • 2 Answers
  • 2315 Views

My father purchased a land in 2000 and by mistake the Khasra No. typed incorrect which is of another land. In paper sides of land is written of actual land which we purchsed. Only Khasra No. is typed incorrectly. The wrongly typed Khasra no. land was also sold by third party to another. The person from whom we purchased the land was unaware about the mistake fact. but after knowing this he is trying to sell this land too. please advise.

Answers 2

one - both the seller & purchaser have to register the correction deed before the Registrar where the purchase was registered.  Since in this case the seller is not cooperating, you will have no choice but to file a civil case for declaration of owner of land with true khasras and also a stay application so as to restrain the seller from further selling the land with true khasras.

Secondly, you should also file a criminal complaint with police that he has cheated you and had intentionally put wrong khasras so that he could sell the land again and again.

Agree Comment 0 Agrees almost 4 years ago

A rectification deed or correction deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. In case parties to the agreement do not agree to an amendment or rectification of the executed documents, the aggrieved party may file a suit before a court under Section 26 of the Specific Relief Act 1963. The law provides for relief in case the real intention of a person is not properly reflected in the documents executed because of a mistake or fraud. Karnataka High Court in a case granted a decree for rectification of sub-survey number in the sale deed and directed the defendant to execute the rectification deed in favour of plaintiff[1]. The court is empowered to direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

 

[1] Sri Hanumanarasaiah vs Muniswamaiah WP No.11635/2O14(GM-CPC)

A rectification deed or correction deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. In case parties to the agreement do not agree to an amendment or rectification of the executed documents, the aggrieved party may file a suit before a court under Section 26 of the Specific Relief Act 1963. The law provides for relief in case the real intention of a person is not properly reflected in the documents executed because of a mistake or fraud. Karnataka High Court in a case granted a decree for rectification of sub-survey number in the sale deed and directed the defendant to execute the rectification deed in favour of plaintiff[1]. The court is empowered to direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.

 

[1] Sri Hanumanarasaiah vs Muniswamaiah WP No.11635/2O14(GM-CPC)

 

Agree Comment 0 Agrees almost 4 years ago

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