• Land

A company sold a property to mr.x , in the year 1943, in 1966 mr. x heirs engage a agreement with modern builders, 
Modern builders sold the property to me present seller mr. ravi in that document survey no mentioned was incorrect and he was minor at the time of purcase his father has purchased in his name but his age was not mentioned in the document. he has obtained patta present land for correct location.
During flood in chennai he property document was damaged but still readable he has filled police complaint and obtained csr and not traceable certificate from police. he has obtained certified copy of the document.
My query
1. present owner minor at time of purchase but not mentioned age.
2.mentioned wrong survey no for the plot he purchased
3. original document was damaged state
Kindly advice to purcase or not
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

1) Got the Mutation documents for the state for land records all there you can find details of papers. from the Tamil Nadu state government.

 

2) Once you get all mutation papers and survey papers than you will have clear picture and to purchase or  ot at that time you can come to know.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

!) Age of person is nothing to do with it. If he is the owner the name is correct and land possession are same. So get demaraction from government authority of collector and apply for correct survey number to be rectify in the land records and on title papers accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See in the all the three above raise concerns a suit can be filed to get the declaration of same from the court . As since property was name of minor and same he sold after being major there is no issue in same.

Further for survey number rectification suit can be filed and declaration of ownership can be sought by the present owner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Get the documents vetted by an advocate. 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

deed of rectification has to be executed by modern builders to rectify mistake in survey number by seller 

 

2) if seller is willing to execute rectification deed then only purchase the property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Merely non mentioning of minor age does not affect marketable title to property 

but if property bought in minor name it was bought for benefit of jointfamily and his siblings can claim share In property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

if previous owner is alive,simply he can rectify the error through registered rectification deed. 

Better purchase a property after rectification only. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the said documents are legitimate and the owner is authentic you can go ahead with the purchase. As you have verified the title search report and the same is ok

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  Even if the present seller was minor at the time of purchase of this property, if he is confirmed to be a major by age now, you can very well proceed if he is executing a registered sale deed to your name.

2. The wrong survey number in the registered sale deed has to be rectified by the seller by a registered rectification deed or else you may refuse to buy the property.

3.If he is producing the certified registration copy along with the police report and newspaper publication and also if he indemnifies by an indemnity bond against the loss you may suffer due to any fraudulent activity in this regard, you may proceed on the advise of a lawyer.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The age of the seller if not shown in the original sale deed then what is your botheration. Dont worry about this ignorable  issue.

You have to concentrate on the main issue that may affect the title or the details of the property if you observe some incorrect information namely the survey number etc.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer