You need to execute a rectification deed in the same
Excess sale of plots by the SA and GPA holder than the authorised
A real estate developer prepared a layout in survey no’s 72/p,102/p,106/p in 4.6acres(186 guntas) in 2007 and have 70 plots. He has the ownership in the above Area. He has given Sale agreement cum GPA with possession to Mr X in survey no 72/P for 29 guntas(3500 yards) in 2007. In 2007 the GPA Holder Mr X has sold 405 Sq yards in plot no 54,55 and 1,369 Sq yards in plot no 10,11,59,46,69 and 2431 sq yards in 2008. He has also sold 4212 Sq yards in 2009 to 2011(the GPA Holder sold excess area than the authorised ie 3500 Sq yards. THE DEVELOPER in 2009 has given SA CUM GPA with possession for 1.32 acres(72 guntas) in Survey no 102/P(the area is part of the layout prepared). In the sale deeds registered in respect of plot no’s mentioned above Only Sno 72 mentioned even though the layout consists of Sno 72/p,102/P,and 106/p. After verification all the plots except plot no 10,11, the location falls in Sno 102/p and not in Sno 72/p where the GPA holder has no power to sell.THE Developer dies in [deleted] and after the death of The executant ie the Developer, the SA CUM GPA holder of Sno 102/p converted the GPA in to sale deed by him self on 15.22.2015. 1) My question is how to deal with plot nos where the sale deed registered says only Sno 72 and the plot location falls in Sno 102. My plot no is 69 which the location falls in Sno 102/p and the sale deed says only Sno 72 2) My next question is How to deal with excess sale of plots by GPA HOLDER of 72/p. In this connection I am to inform that my purchase of plot no 69 was with in the authorised range of 3500 Sq yards(in 2008). Till that time he has not exceeded the sale of plots 3) My next question is, in 2011 the GPA holder of 72/p has sold 2161 Sq yards in plot no 15,16,17 which the location falls in Sno 72/p and the deed also says Sno 72/p, but here the GPA HOLDER exceeds his limit of 3500 yards as he has already sold the authorised plots by 2010 itself.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
How can I save my plot 69 , till my purchase of plot no 69, the SA CUM GPA HOLDER Has not exceeded the authoridpsed of 3500 yards, but my plot location falls in 102/p where as in Sale only Sno 72/p was mentioned. The layout was approved by Gram panchayat only and not HMDA/DTCP. The location on of plot nos 15,16,16 which falls in Sno 72//p and also sale deed says 72/p but purchased in 2011 wherein SA CUM GPA holder has already exceeded his limit before selling the above plots. What are the rights of plot owner who purchased in 2011 where THE GPA holder has exceeded the limits in selling the plot
Asked 6 years ago
Deed of rectification has to be executed by the GPA holder to rectify mistake in sale deed
2) it should be duly stamped and registered
3) excess sale of plots would be set aside by court of law and GPA would have to compensate the purchasers
4) case of cheating is maintainable against GPA holder
Sale of plots in 2011 would be illegal as GPA holder had no land to sell
2) the excess sale has to be set aside on suit filed by purchasers
A rectification deed should be executed after mutual consent of all the parties to the main deed.
1. You should ask the seller to execute a rectification deed to rectify the error.
2. In what was you are concerned with the excess sale of plots or ares by the seller, if you have plot in S. No. 69 and yours is wrongly mentioned as different survey number, then you may have to get a rectification deed executed to rectify the error.
3. If you are affected by this act of the seller then you can approach court with an injunction suit restraining the builder to further alienate the property and also to return the property sold in excess to his authorisation.
You first understand your problem properly and then ask for legal solution to your problem.
If you have bought the property by a registered sale deed then you first ascertain your property with its measurement, if you find it less or if your property do not fall within the correct survey number then you may initiate legal action rectify the mistake or error.
You can get your property surveyed by the government surveyor and ascertain the factual details of the property you have purchased and then initiate legal steps to rectify the errors.
You should go for rectification deed with POA holder.
You should file a declaratory suit against land owner and POA holder for claiming ownership of your plot as per your sale deed.
