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Author Topic: Alternative to Rectification Deed for correcting wrong survey number in SALE Dee  (Read 951 times)

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Offline pskrishnan

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I am evaluating the purchase of a plot through a Bank auction (property under the Bank's possession under SARFAESI Act). The current owner has defaulted on payments, hence the plot is being auctioned. The survey number in the property schedule in the sale deed of the current owner (defaulter) is wrongly mentioned on account of a typographical error. This error has been missed by the current owner as well as by the bank's legal team. However the registered mortgage deed between the current owner (defaulter) and the bank features the correct survey number.
 
A rectification deed is not possible as it involves convincing the current owner (defaulter), who in turn has to locate the previous owner and convince them to rectify the deed. A rectification deed is therefore ruled out
 
I am writing to seek expert opinion if there is an alternative to a rectification deed to formalise and correct the error in the schedule in the survey number or any other alternative to protect my ownership, title and the location of the property in case I would like to purchase it. Would endorsement or any affidavit / undertaking from the bank ratify the error, or is there a possibility of filing a civil suit post purchase making the bank a party to the suit to get it corrected by filing a civil suit

Opinions from experts will be greatly appreciated

I look forward to hearing from you

Regards

P S Krishnan
Chennai
krishps@gmail.com

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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You should have checked it at the time of executing the same. Now you have to request the Bank authority to execute a Deed of correction. Otherwise you have to file a civil suit for declaration and permanent injunction.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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