Table of Contents
I. Introduction
Errors in the property deed, leading to legal disputes and financial losses, as Purchasing a property is one of the most significant investments an individual can make in their lifetime. Therefore, it is essential to ensure that all the documents and deeds related to the property are accurate and error-free. However, human error, technical glitches, or fraudulent activities may result in errors in the registered property deed, leading to legal disputes and financial losses. Rectifying errors in the property deed is crucial to avoid such situations. In this article, we will discuss how to rectify errors in registered property deeds in Kolkata.
II. Common Errors in Property Deed
Errors in the property deed can occur due to various reasons, such as spelling mistakes, wrong address, incorrect measurement, typographical errors, or even fraudulent activities. Some of the common errors in the property deed are:
• Typographical errors
• Incorrect measurement
• Spelling mistakes
• Errors in the name or address of the parties involved
• Wrong or incomplete property description
• Mismatch between the property description and the attached site plan
III. Submission of Rectification or Deed of Declaration
Before the Concerned Registration Office for Minor Changes in the Principle Deed If the errors in the property deed are minor, the concerned parties can submit a rectification or deed of declaration before the concerned registration office. The rectification or deed of declaration should be signed by both parties and should clearly mention the nature of the error and the corrective action taken, along with the unchanged portions of the principle deed. The concerned registration office will verify the rectification or deed of declaration and register the changes in the property deed.
IV. Acceptance of Rectification Deed in Case of Minor Changes
In case of minor changes such as typographical errors or spelling mistakes, the concerned registration office usually accepts the rectification deed without any objections. The parties involved need to submit a rectification deed, along with the original property deed, to the concerned registration office where the principle deed was registered.
V. Rejection of Rectification Deed in Case of Changes of Dag, Khatian, Total Area, Site Plan, etc.
If the errors in the property deed are significant, such as changes in dag, khatian, total area, site plan, road name etc., the concerned registration office may reject the rectification deed or may charge additional fees for registration confirming from the IGR. In such cases, the parties involved need to approach the court for rectification of errors in the property deed.
VI. Rectification of Errors in Property Deed through Court
Rectification of errors in the property deed through the court is a lengthy and time-consuming process. The parties involved need to file a suit in the appropriate court, seeking rectification of errors in the property deed. The court will hear the case and may rectify the errors in the property deed as per the provisions of the law.
VII. Conclusion
Errors in the property deed can lead to legal disputes and financial losses. It is essential to rectify errors in the property deed at the earliest to avoid any complications. If the errors are minor, the concerned parties can submit a rectification or deed of declaration before the concerned registration office. However, if the errors are significant, such as changes in dag, khatian, total area, site plan, etc., the parties involved need to approach the court for rectification of errors in the property deed. It is advisable to seek the assistance of a property registration lawyer in Kolkata to ensure that the rectification process is done correctly and smoothly.
Rectifying errors in a property deed is a crucial step in ensuring the legal ownership of the property. While minor errors can be rectified with ease, significant errors may require a court order. The rectification process can be complicated and time-consuming, and it is essential to seek professional help to avoid any legal complications.
