Land location must have entered in the sale deed and map attach to sale deed. Site cannot shift for certain reason being immovable property.
And site must be mention in seller document ? what property document provided by seller ?
Sale deed has wrong survey number
I have bought an Acre of Agricultural land in Tamil Nadu. Before the Deed was executed, the site was visited along with seller, VAO and broker, few villagers. My interest for the subject land is to make square of the land along with my existing land, adjacent to this land. When the deed was executed in 2009 March, there were no doubts. Due to various personal reasons, I could not apply for Patta. Now when I wanted to process, I am told the sale deed land is a KM away ? How come a VAO could do such a mistake ? What is the remedy available to me now T N PILLAI
Asked 4 years ago in Civil Law
11 Answers
deed of rectification has to be executed to rectify mistake in survey number of land
2) it should be duly stamped and registered
3) get mutation of land done in your name to avoid legal complications
See you should have verified the details, dimension , area survey number mentioned in the sale deed. Sir land registered to you is not what it was represented by the seller then in that case you can file police complainant against seller though you need proof that they have promised and represented to sale said property to you.
: Get the land identified through the Surveyor
Regards
G. Raja ganapathy
High Court of Madras
./
Before purchase of the property, the FMB sketch kept at the Tahsildar's office should have been verified. From the prior documents, the exact location, the boundaries and the measurements should have been verified. Now that more than a decade has elapsed since the sale, this issue cannot be successfully contested. You may sell it off and buy the adjacent parcel of land, if available, now.
1. Apply for Govt. Survey of the said land with the local Tahsil office (not private survey) and obtain his report & layout map demarcating and highlighting the purchased land.
2. Based on above, apply for mutation /transfer of land in your name.
3. IF the land is really 1 km away, THEN it means that the survey no. is wrongly inputted in the sale deed and can be rectified based on the Govt. Survey Report.
You need to file rectification deed in the same and apply for rectification. If it's their fault they will rectify it without any charges
- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.
- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification deed of the error at any time.
- Since, there is an error in the survey number in your registered deed; hence it comes under the typographical error.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
1. You need to file a suit against revenue department and seller for fraud and misrepresentation of survey no.
2. And you should also file declaratory suit to claim land which was sold to you by seller.
3. You can also execute a rectification deed with seller if survey number was mentioned By mistake on your sales deed.
The wrong entry of the survey no in the Sale Deed can be rectified by you and the seller jointly by executing a supplementary document called Rectification Deed.
You cannot change the land you have purchased by a registered sale deed.
You cannot hold anyone responsible for your mistake.
You should have verified the same with the village revenue records and also taken an opinion from a local lawyer.
If there is a mistake in the survey number then you can get it rectified by the seller executing a registered rectification deed
If not ask the seller to identify the property because he sold this property to you showing the one what you have seen with the VAO then.
