• Purchase of plot

I had purchased a plot in Bangalore from a developer on installment basis. After fully paying installment the developer has given me GP and Affidavit selling the plot. However, then immediately the developer told me that plot purchased my me and to others for the entire layout will be acquired by BDA. Developer after collecting money from us went to court and up to supreme court and lost the case and finally BDA won the case to take over the plots. Few members jointly approached to BDA and trying to get alternative plots from BDA but BDA refused. All the members are now trying to get the compensation from Developer. In the mean time what happened is according to BDA the area where my plot is lying that area is not acquired by BDA. 
However now it  came to light that  the survey number mentioned in GP and Affidavit is wrong for my plot. Now I require the clarification from you learned lawyers for the following points:
a. How to correct the GP and Affidavit to indicate the correct survey no.  Is it necessary to go back to Developer and get a new GP Affidavit. The developer is now not easily accesable. 
b. Who will confirm that correct survey number for my plot. 
c. My concern is that developer who signed GP and Affidavit is no more and currently handled by his children. If I approach to them they may demand more money now. 
d. Can I directly approach to any Government authorities directly without involving any one for correcting the GP and Affidavit. 
e. Can I register the plot with the government with the existing GP and Affidavit. 
f. How I will take the possession of my plot. 

I appreciate your assistance in this matter. 

Thank you. 
Regards
Asked 2 years ago in Property Law from Bahrain
1) what is GP? please clarify . 

2) builder has to execute sale deed in your favour . document has to be stamped and registered . then only will you have ownership of the plot . 

3) mere affidavit or power of attorney is not sufficient . 

4) if builder is dead deed of rectification can  be executed by his legal heirs to correct survey no of your plot . 

5) it is better to pay some money and obtain clear title to property

6) Govt cannot correct the survey number of your plot . 

7) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. Ask the builder to get new GP and affidavit done in your name mentioning the correct number.
2. The local survey office can give you correct number and you can apply therein to get the correct one.
3. The legal heirs of the Developer are bound to do the necessary formalities in default of which you can bring them to court/consumer forum.
4. You can but it will not be any help.
5. Without getting the correct number, you can not register the plot.
6. Once you get new survey no. you can take it possession.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. If the developer went up to the Supreme Court then did you plead yourself as a party in the case as your rights were also affected?

2. It is not clear from your query as to what you mean by GP. No affidavit would pass on the title of the property to you. Title would pass only when the sale deed has been executed in your favour.

3. If the issue is merely wrong survey number being mentioned then it can be corrected by making a rectification deed. The legal heirs of developer can execute the deed of rectification in your favour if the developer is dead.

4. Government has no role to play in this. As per the facts furnished by you, the Supreme Court has upheld the acquisition of plots by BDA. So the government is interested in only acquiring the plots.

5. If the plot is not registered in your favour you will not be eligible to compensation which is paid in lieu of acquisition.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. Hope you want to mean GPA by saying it GP. The person who has executed the GPA only can correct it or alter it. Sale of property through GPA has been ordered against by the Supreme Coutrt. The Developer/Owner should have exeuted and registered a Sale Deed in your favour. Contact him now and ask him to register the sale deed with correct Survey Nos. by paying the reuired stamp duty and registration fee,

2. You should have conducted search for it before buying th plot. Contact a local Amin who will be able to guide you. You can also contact a local lawyer for this purpose,

3. Better pay them money and get the mistakes corrected,

4. No. Govt has nothing to do with your mistake,

5.No. Contact the developer or his legal heirs (if he is not alive) to register the said plot in your name,

6. Possession of a plot s given by the person who sales the said plot. Contact the developer or his legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
A. You can apply the your site related documents before the revenue or BDA authority under RTI application and get certified copies.

B. This lacuna regarding the mistake of survey number committed by the Builder. Therefore, You cannot approach the any Government authority to remove this mistake. Hence, Builder's legal heirs can  remove this lacuna by entering into Rectification Deed. And GPA and Affidavit is not sufficient records to resolve your matter.

C. You have to put a pressure on the Builder to execute the Register plot in your name.

D. In case the developer fails to do so, you can approach the Consumer Forum to give direction with respect the same. Or You are eligible to get compensation from the Builder under the deficiency in the Service.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
if there is any evidence in support of survey number and mistake in GP then you may file case for possession. but it is not easy task. you should collect evidence and verify that correct survey number is not in legal possession of any other person. statements stated in GP is treated as admission and you can file case on this basis. you have right to get compensation or interest on the money paid by you to builder but it is also very limited because builder is died and only his property is liable to pay . his children are not liable to pay out of their self acquired property.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0

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