approach the revenue authorities to rectify mistake in area mentioned in khata
2) mention that UDS is being shown as 690 sq feet in sale deed but only 150 square feet in kata
3) contact a local lawyer
Khata extract - registered sale deed - mismatch in UDS
The registered sale deed of the property shows UDS as 690 sq ft, whereas, the khata extract is showing as 150 sq ft. Other details like SBA, Owner name, flat details are same at both places. 1. Why is this discrepancy? The flat property has a khata certificate 2. Can UDS be less than 10% of SBA? 3. Is it something i should be concerned about? OC of the entire property is available. Property tax paid is up to date for 19-20
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
1. This seems to be the result of a typographical mistake. Hence, you must approach the issuing authority to rectify the mistake.
2. Engage a local lawyer.
1) No, it should be same as per agreement of UDS , kindly check UDS is written in the sq.ft and khata may be written sq. mtrs.
Dear Sir,
My answers are as follows:
1. Why is this discrepancy? The flat property has a khata certificate
Ans: You have not disclosed how many apartments were constructed on the said site.2. Can UDS be less than 10% of SBA?
Ans: It depends upon several factors.3. Is it something i should be concerned about?
Ans: Without seeing entire documents one cannot suggest you more
Approach before concern authority and rectify mistake in khata, consult local property lawyer
Dear client,
It may wrongly be entered. You may get it corrected and of not corrected you should file a suit for its correction showing documents which are in your favour.
The extent of land property in all respects should not have a vast difference from the khata to that of the registered sale deed which is paving way for cause of concern.
You may clarify this from the builder and get the matter rectified at this stage itself.
Any error detected after registration of the concerned sale deed, can be corrected by a “Rectification deed” only which also has some conditions and limitations.
Conditions
(a) Error must be genuine
(b) It must be inadvertent not intentional
(c) All the parties must agree to the rectification thereof.
Limitations
Rectification deed can rectify only factual errors NOT error of law, such as
(A) Deficient stamp duty
(B) Jurisdictional error of Sub-Registry office
(C) Basic character of transaction e.g. Sale transaction cannot be corrected as Gift
(D) It is meant to rectify defects in the original deed NOT to change the nature of the transaction OR Intention of the parties involved.
a Khata is an important document because it is an important evidence of who owns and possesses the property concerned. However, it is not the sole or conclusive evidence. And its accuracy is not guaranteed by the government.
You need to execute rectification deed or apply to the concerned department for making the changes
Thanks for the responses. Few things to clarify here- - i am about to purchase the property from the seller. The registered sale deed mentions 1625 sq ft as SBA and 690 sq ft as UDS. Where as, the khata extract of the seller mentions everything correctly except the UDS, which is mentioned as 150 sq ft. Many of the responses mention about a rectification deed to rectify the error in the deed (i am presuming) Now, my follow up questions 1. Since khata certificate and khata extract are prepared from Sale deed, why shall i rectify the sale deed? 2. If my Bank says ok for the loan, can i rectify the UDS error in Khata during the Khata transfer process from seller to me? Is that a doable option? The society has 314 flats spread across 8 towers of 9 floors in an area of 3 acres and 39 ghuntas.
Asked 6 years ago
Khata cannot be rectified, it will be given on the basis of the sale deed especially with regard to the extent and the boundaries hence you cannot rectify the khata.
the bank will not go into the contents of khata in respect of the extent of the property including UDS, it will rely upon the registered sale deed alone.
If you get an option to rectify the UDS error it will be ideal
Sale deed is not required to be rectified as it mention your area of UDS correctly
2) during khata transfer you can get it rectified
1. It will be imprudent to purchase the property in question unless the defect is cured. This can cause lot of problems in future.
2. The sale deed is not to be rectified, khata is to be rectified.
3. Bank will not come to your rescue if you face a problem in future.