I am planning to purchase a house with uds 690 sq ft..In the sale deed : This 690 sq ft is bought by seller from 3 persons with 230 sq ft each..with relevant parent documents(690 sq ft of shedule c is derived from 1+2+3 items in shedule b)..but in the shedule section,they missed item 3 in shedule b..(like missing a page)..but in the next page ,continued like shedule c containing 690 sq ft is sold to above person..parent documents of each items(230 sq ft) is there..is this a major issue..
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Yes, this is a major defect which can not be ignored anymore since you have already detected.
However this does not require much hassles and only all the parties to the deed meed to make a deed of rectification to be registered in the same registration office.
Do not avoid making this and do this asap so the sellers later may not show interest anymore.
They sold through general power of attorney..is he enough for rectification of deed..bcoz those three vendors may not be tracable..or just 3rd vendor should be there??
T.C.Subramanian vs The Sub Registrar on 10 January, 2017
was to bring to our notice that the same issue
has been discussed also in this case.
Sir confirmation deed from the previous seller or a.retification deed in same is required.
If there is POA with one person then said POA is enough for the said rectification deed.
Deed of rectification can be executed to rectify the mistake in schedule
deed should be duly stamped and registered
Is power of attorney registered
POA can execute deed of rectification on behalf of 3 vendors
If any of the vendors are not available then they can give registered POA to present them in registration office.
1. If it has been sold through a GPA then agent i.e GPA holder can execute the rectification deed.
2. In the factual scenario narrated by you it is imperative that rectification deed is firstly executed so that there is no defect in title.
1) All three previous seller should be present there if GPOA is not registered or you can include all parties name in your sale deed and take their signatures.
I can go through the documents and offer my opinion.
Based out of chennai.
G.Rajaganapathy
No need for rectification deed, execute sale deed giving proper description of property shall be enough. Stamp duty on POA must be paid on 690 sq ft area, hence, it is confirmed that actual area is 690 sq ft
Yes, until the the details are not clear nor the schedule has been given properly there will arise some issue, if you consider it as a missing page then search for it or ask your vendor to produce the same.
The POA agent who sold this property can also execute the rectification deed, however for a missing page no rectification deed will be a valid solution
Yes through registered rectification deed and indemnity bond to that effect
If the original PoA empowers the power agent to execute and register rectification deeds also on behalf of the principals, the rectification deed also can be duly signed and registered by the same power agent. Please ensure that the original PoA has not been revoked yet by the principals, and remains valid as on date, by checking the relevant records at the registry.
