You need to approach the court for the same. Unilateral affidavit may not serve the purpose
Clarification of GPA and dimensions in documents
GPA reflects Sale deed regd. Document No. as 6869/1979-80 whereas the regd. Document No. is 6896/79-80. this has happen at the time of execution of GPA by over sight typographical mistake. G PA executed by Sri. Chinnaswamy to Sri Mahesh And Girish on [deleted]. Now i am the owner of a plot in the above land, got registered in the year 2002. There is a prospective buyer for the plot. The counsel of the buyer detected this error and asking for the following documents. Affidavit is needed in this regard from the absolute owner / ask for rectification deed. Q 1. It is not possible to get the rectification deed, because the original parties are not known to us and their whereabouts not known to us. Is affidavit mandatory? or any other solutions, because of this, are the tittles are defective?. Q.2. Since GPA was executed in the year 1995, it is about nearly 25 years now. Does it attract the law of limitations? please give your opinion, or viable solutions.. Hence we request you to suggest other ways in the interest of the prospective buyer. Q: 3. At the time of registration of the plot in the year 2002, the measurement in the sale deed is shown as 30'X50'. Accordingly in all the records like, Katha, Tax payment receipts from the year 2002 till 2019, recorded as 30'x50'. and as well in physical measurement also. please provide your opinion on the authenticity of corrections. Q 4. Where as in the plan the measurement is shown as 30x40, was sanctioned by village panchayath , which is now uder BBMP jurisdictional area. BBMP has issued "A' katha wherei it is corrected as 30'x50' insted of 30'x40' and the correction is recorded and certified by the A R O in the katha extract. please provide your opinion on the authenticity of corrections. Venu Saragur
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
1. See the only solution is either original seller sign a confirmation/rectification deed or a suit in civil court is filed for rectification of the error.
2. For clear.title rectification is required
3. If the dimensions are.correctly mentioned same are authentic then.
4. If khata is subsequently correct then it is authentic and correct.
It is minor typographical error
2) your title is not defective
3) if purchaser is insisting on deed of rectification and seller whereabouts are not known you have to file suit
before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.
. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.
Dear Sir,
Since the original owners cannot be traced out as such you may correct the same by way of a clause in the proposed sale deed saying that you will vouch for any loss or damages arising out of such typographical mistake. If they insist you may also execute separate notarized affidavit on the above issue. Since it has been not deducted for more than 12 years as such the question of limitation comes into play as such nothing can be presumed except as per the present documents and no action can be taken as such you are in safe zone. Your property is with correct measurements.
1. if original parties are not known or traceable, then no harm giving the requested affidavit to the buyer. Additionally a public notice in local newspapers can be given to inform public about this discrepancy or error and calling for objections
2. there is no limitation applicable against any document. Limitation is only for enforcement of legal remedy within the prescribed time
3 and 4 - if the erroneous area in gram panchayat records (which has now been taken over by the municipal body) has been duly rectified by the municipal body, then the area as rectified by the latter will prevail over the former erroneous area reflecting in gram panchayat records, which is now defunct, due to being taken over by the local body i.e. BBMP
1. Since this is a grave error, i.e., the seller is not authorised to sell the property, the objection by the lawyer of the buyer is held valid. You may approach your seller to get the rectification deed executed or at least an affidavit to this effect.
2. There is no question of law of limitation, the error has to be rectified, you can also execute a deed of declaration instead of rectification deed if you cannot trace out the original vendors.
3. What is the correction need in the extent of the property
4. You must see that what was the extent of the property as per original registered sale deed, forget about the extent in plan approved by village panchayat.
