The said detail needs to be rectified by rectification deed else it can cause problems to you in future.
If you can part with the above risk then you can proceed
Need clarification on some points
Hello All, I am planing to buy a plot measuring 3500 sft. The problem is plot direction mentioned in sale deed not matching in reality. Current own had a valid GPA and he has registered in his name using that GPA. and there is clear record of money transaction which he had paid to the original owner. Need advice on below point. 1. They have mentioned "East and west 50feet " & "north and south 70feet" but its physically "east and west 70" and "north and south 50feet". This is because while developing a layout they have considered "north as east" since the layout is north east direction. This is the same case for all 65 houses in that layout. Layout owner also owns 12 plots and staying in same layout. should i still be worried about facing ? directions in Katha and sale deed are same. 2. facing correction can not be done as correction needed in all 4 direction and the seller is not ready to pay that amount. 3. Seller is GPA holder and registered the land in his own name. In EC and Katha as the same details details. 4. Seller is going out of the country in few days 5. seller is a 2rd owner for the plot, since the layout being formed his particular site being registered using GPA's only. from original developer to 1st buyer and from them to the present owner (where present owner had GPA and registered in his name only).
Asked 6 years ago in Property Law
Religion: Christian
9 Answers
deed of rectification can be executed to rectify the mistake in schedule
2)it should be executed by original developer
3) it should be duly registered
it is important to get the rectification / correction deed executed at the earliest. it should be duly stamped and registered.
This can be rectified by executing a registered Rectification Deed rectifying the defect in the jurisdictional Sub-registrar's Office in favour of the first owner and from first owner to the present seller.
no need of doing any physical correction for the plot in this layout
a simple rectification deed can be made
the seller has a GPA from his seller [ie previous owner]
so the seller can register a rectification deed to reflect the directions as on site. He can sign for himself as well as for previous owner in capacity of his GPA holder, provided the GPA has such a power and it is not revoked or it has not become infructuous
They should have rectified the sale deed with correct dimensions. Well, not an issue now the fresh sale deed can execute with correct dimensions. HE is holding the GPA than ask him to first execute rectification deed than sell to you.
Area is increasing, only correcting boundary details, no fees payable. On 100rs for correction deed. And if he is not doing this, refuse the sale.
See if it is wrongly mentioned same should be corrected as you can face issue while resale of the property.
2. See legally the correction has to be done.
3. If GPA is registered and the owner is alive, and further the owner registered in his favour then he can sale you.
4.IF the land is registered in his name he can give a GPA to any relative to register in your favour.
5. See get a title report of the property from a lawyer so that there is no issue in future.
You can identify your property only on the basis of the check boundaries, if the check boundaries have incorrect or wrong information then what is the use of buying the property which cannot be identified properly.
If the seller is not willing to rectify this grave mistake then it would be advisable to not to venture into this purchase.
You may better obtain a proper legal opinion from a local advocate and then decide on the basis of the recommendations made.
No need to worry about facing as it is same for all plots in your layout.
You can proceed with the purchase as it is clerical mistake by which they have considered the direction wrongly if you think this is a mistake then you can file a suit for correction of sale deed against revenue department through mandatory Injunction.
