House registry in Haryana
1 week ago
My grandfather (name X) bought a plot in 1972 from a seller (name Y), registry was done at that time. However, registry is not having any details of khewat, khatoni, khasra etc. Therefore mutation also could not take place. After the death of Y, name in mutation came of Y's son. Few years back, X also passed away, so both original buyer and seller are no more. Everyone is suggesting to perform a fresh registry making X's son buyer and Y's son as seller. It doesn't look good as it will be very costly and may be illegal too as double registry case. I would like to ask for another possibility of rectification deed or supplementary deed. My question is that can descendents of X and Y perform a supplementary deed or rectification deed in which original seller's son would claim that plot sold in 1972 was of this khewat, khasra etc. Please suggest feeling free.
The above suggestion equally holds good but expensive. You may think of filing suit for Declaration with other ancillary reliefs and accordingly get a decree on the basis of possession and documents.
If both the original seller and buyer are unavailable, the legal heirs cannot rectify errors in the property schedule through a rectification or supplementary deed. However, in such a situation, the legal heirs of both parties can initiate a civil suit for declaration under Section 34 of the Specific Relief Act, 1963, in the appropriate Civil Court with jurisdiction over the property in question.
In the absence of the original Seller and the original Buyer, a rectification deed or supplementary deed to rectify the error in the Schedule of Property of the original deed cannot be made by the legal heir of the original Seller and the original buyer of the property. In the given scenario, the legal heirs of both the original Seller and the Original Buyer can file a civil suit for declaration under Sec.34 of the Specific Relief Act, 1963 before the Civil Court having jurisdiction over the suit property. Reach out to an Advocate experienced in civil matters for guidance and steps.
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