Legal Question in Civil Litigation in India

IMPOUNDING OF RECTIFICATION DEED BY SUB REGISTERAR UNDER SECTION 47B
House site was registered in 1990. A typing mistake crept in site no. e.g. site 24 typed as A24. This mistake was not noticed at the time of registeration.
The same site was purchased from the previous owner say No.1 by an another person say No.2.
No.2 also did not notice the mistake while registering the document.
No.2 purchaser faced the problem, when he approached the Building Plan Approving Officers. The officers refused to approve the House Plan citing the defect in the site number and advised to get the documnt corrected. Rectification Deed executed in Sub Registerar office making the correction to read the Site No. as 24 instead of "A24" . By submitting the Rectification Deed to the concerned officer, Building Plan Approval was obtained.
Another problem raised by the bank officials that similar should be made also in the parent document. This correction was to be made by th No.1 buyer. The No.1 buyer apllied for the rectification deed in the same Sub registerar office. The deed was executed in the same manner in same Sub Registerar office with mutual consent of the parties of the first buyer. The Deed has been impounded demanding to pay the difference of stamp duty as per todays market value.
There is no change in the content of the document except correcting the suffix "A" attached by typing mistake to the site number as per LPR. The SRO argues that as per section 47B the difference of stamp duty should be paid. Can any give suitable solution for this.
With Regards
mk.karuthapandiyan

Asked on 7/12/11, 3:36 am

Bennet Master of Law Bennet Raj Law Office

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If any correction in Schedule of Property the Regr may demand stamp duty as it is in earlier deed. Otherwise not necessary

for clarifications

J. Bennet Raj, M.L., Advocate [email protected] 9443770000

Answered on 7/12/11, 9:07 am

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