• Incorrect facing in sale deed

I have purchased property two months back and I want to sell the property now ,however we have noticed that facing of our plot is mentioned north side road and south side service lane , east house number 12 ,west house number 14. But actually in compass road is on east side and service lane in West. This property was sold 6 times prior to my purchase since 1978. And this mistake is there since original allotment of plot by DDA(Delhi development authority)to original alottee.i have read about rectification deed but no previous vendors are traceable now.
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

1. In this scenario a rectification deed has to be executed by the seller in favour of the buyer in the office of sub-registrar.

2. Since the error is traceable to the original deed itself it is practically impossible to execute the rectification deed as this would involve bringing all the previous 6 owners on board. It would suffice if the correct boundaries are mentioned in your sale deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Sir,

Coreection as desired can be done either from registrar or sub registrar office.

You need to approach there for detailed information.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

In most of the cases, although the errors can be corrected by simple documentation, access to the seller or a prior owner of the property may not be available. In such cases where the error is patent and the impact of the error is negligible, the same can be corrected by suitable subsequent documentation. If this is not possible, then a proper order has to be obtained from a Court of Competent Jurisdiction for rectification of errors.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The mistake has to be rectified by DDA

2) if previous vendors are not tradable it would not be possible to execute deed of rectification

3) further the mistake has occurred in 6 previous deeds too

4) sell the property as it is

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

Sir a suit can be filed in the civil court and the retification and declaration of same can be sought through the civil court the court will examine the documents and then same can declare the correct markings.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear client

Its better to ignore the mistake and sell the property as u bought it ignorantly as the process now would require a lot of exoense and time and is cumbersome.

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

Not rated

Firslty, as per the information mentioned in the present query, makes it clear that the deviation in the property exact position is not been traced by any of the prior owners.

Secondly, for getting the deed rectified, you will have to move an application before the registrar.

Thirdly, you and the person from whom you purchased need to be there.

Fourthly, get the map also be designed by the architect showing the exact deviation.

Fifthly, for prior owners you may give an affidavit stating that they are not traceable, and you saw the deviation in the present property when you bought it.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You have to file amendment for your registered deed as there is no stamp duty involved it can be registered and make the part of the original deed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. you can have an architect report stating the correct boundaries

2. submit this to DDA and request it to issue a letter confirming the architect's report

3. annex the report and approval letter of DDA to the sale deed and register it

4. you can also issue a public notice in local newspapers informing public about error in description of boundaries and sale of the plot to intended purchaser and thus invite objections

5. if no objection is received then you can state this fact in the sale deed

6. the aforesaid will sufficiently safeguard the buyer or his lender bank in case buyer has availed a loan

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1) Either you sale this plot as it is or request DDA to change road layout plan as per your current position of plot what you have mentioned here above.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Client,

You can rectify this with last seller or mention correct details in fresh sale deed but don't mention about mistake.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The said mistakes waived off by all the parties and you should not make issue out of it since some of the previous vendors are no more. Better sell the property to a person who is ready to purchase as it is where it is conditions.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can go for rectification deed.

If rectification is not possible, after exhausting all the remedies for executing the registered rectification deed, you may file a suit for declaration of correct check boundaries binding your property as per the original schedule.

This option may come to your rescue to solve the present crisis.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Hello,

The sale deed is executed by the seller and hence for the correction the seller is required.

The presence of the seller is required before the registrar.

If however they are not traceable then a civil suit has to be filed and the seller has to be made a party.

if he does not appear then an order ex parte will be passed by the court.

Regards a

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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