• 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.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

deed of rectifcation would merely mentions plot dimensions of land 

 

2) you dont attach conversion copy in rectification deed 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you have to enclosed new layout plan and conversion copy. consult a local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can register the sale deed.  Can take amnesty scheme if any or pay the penalty in stamp duty. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear

You should apply for rectification deed to change the dimensions along with the layout plan approved by DC. 

But why you need rectification for change in dimensions when you are absolute owner of land by sales deed executed in 1995.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

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