deed of rectifcation would merely mentions plot dimensions of land
2) you dont attach conversion copy in rectification deed
Revenue sites about 150 numbers were formed in 1995 with out DC conversion and without Layout approval in Grampanchayath. I bought a plot in 1995 and executed registered sale deed with Land Lord. Till now one had constructed any house in that layout. The landlord now has done DC conversion and has changed the layout plan due to various reasons. Landlord has reduced the plot dimensions keeping the same plot numbers to all. Layout plan is not approved by any authority and Land Lord has paid huge amount for betterment charges after DC conversion. We all plot owners have agreed for Rectification deed due to change in plot dimensions. Kindly suggest me if i go for Rectification deed should i attach new Layout plan and conversion copy during rectification deed and what are the other precautions to be taken during this process.
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deed of rectifcation would merely mentions plot dimensions of land
2) you dont attach conversion copy in rectification deed
1. The Rectification Deed MUST be registered by annexing the new layout plan and DC conversion order.
2. This would legally required and shall remain irrevocable and legally conclusive for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
A.To execute rectification deed, only both parties (who were made parties in original deed)presence is required before the sub registrar office.
B. As far as marketable title is concerned, you must insist to attach layout plan as annexure to Rectification deed and you should incorporate clause in the Rectification Deed towards reference number of Conversion.
C. Layout plan shall be approved by the Development Authority against to Gram Panchyath as panchyath has no legal authority to approve the same.
Dear Sir,
Definitely you have to attach the conversion order copy and layout plan. Please take other suggestions with any legal expert or agree for the options given by land lord who might be lead by a legal expert.
Why should you do rectification deed, This way you will get reduce area and builder will surplus area which is already sold. You have sale deed, absolute ownership and now land use also converted. Enjoy that and construct it.
See check the plans need to be approved check for the dimension of the property properly, and further in rectification allow till extent of the approved plan only.
Yes attach the layout plan conversion copy during rectification deed it's important. You can go in writ petition before high court if you find any illegality in the same
Sir one more thing I would like to know is that there are very few GPA holders in the same layout. How to claim their rights over the plot. Since GPA was done in 1995 is there is any option to resister the sales deed now and claim their rights. Kindly suggest any legal opinions for GPA holders.
See for GPA holders if the principle is alive then he can register a sale deed based on GPA. If not then a suit has to be filed for declaration based on GPA and the payment receipts.
GPA does not confer title to property
2) on basis of registered GPA sale deed has to be executed
3) it has to be duly stamped and registered
If GPA is with consideration, meant in exchange of money that possession cannot be taken from them, Ask builder to execute sale deed or GPA holder can execute sale deed in his favor. through GPA.
Without layout approval what is the use of getting a rectification deed executed?
Layout approval has to be granted by competent authority namely BBMP, hence this rectification deed with new dimension shall be in accordance with the layout approval only
The layout plan designed by the landlord has to be approved by competent authority, betterment charges is not the authority for him to do anything as per his desire or whims and fancies.
You may discuss wit a local lawyer on the practical situation and decide about further course of action.
The GPA is not a title document, hence the GPA holders may ask the landlord to execute a registered sale deed to their names directly instead of losing the property in the future due to this lacuna.
The landlord can very well execute the registered sale deed afresh ignoring the fact of GPA deed.to the purchasers who bought this property by GPA deed alone.