Yes the rectification can be made via SPA

Hi, yes your sale deed is valid and authenticated ..Also a recrification deed can be made with the owner at the registrar office ..

1. Before the judgment of Supreme Court in Suraj Lamps Industries case (2011) sale of property used to take place through GPA, but this practice has been declared illegal in Suraj Lamps' case. Supreme Court made it clear in this case that sale can take place only through a registered sale deed.

2. If sale from A to B took place prior to judgment in Suraj Lamps' case then it is valid, but if it took place after it then it is illegal, consequently free and marketable title will not pass to you.

1)In order to confer clear and marketable title seller should have executed registered sale deed rather than agreement for sale cum GPA in favour of B 

2) kindly clarify whether GPA was registered or not 

3) request original seller to execute registered deed of confirmation in your favour 

Deed of rectification has to be executed to rectify mistakes in sale deed 

if canbe done through registered SPA 

Dear Sir,

You are suggested to check once the old records of the land at the registrar's office and get the exact dimensions entered in the mutation deed. For exact rectification, you don't need any additional deed rather a simple application along with affidavit may solve the purpose. 

Agreement of sale cum AGPA? is invalid document and not true sale deed.

If the clear sale deed is not mentioned than directly make sale -deed and make schedule copy of directions measurement accordingly.

Yes, based on that sale deed you can proceed and further confirm from registrar's office. 

Yes you can execute registered rectification deed for the same

1. If the POA was registered and was not revoked by the original owner then your sale is valid. 

2. However to be on the safer side get a written ratification of this sale bh the actual seller so later hd may not dispute his own GPA.

3. If the defect in the deed in regarding number or boundary and not regarding measurements then by rectification deed on registration it can be cured even unilaterally. 

Ask original seller  to execute registered deed of confirmation in your favour 

B being a power of attorney holder can sell the property to you on behalf of the owner as his agent.

However make sure that he got his sale agreement cancelled with the owner.

The GPA holder himself can execute a registered rectification deed in your favor to rectify the errors discovered now in the registered sale deed.

The registered sale agreement still existing between the GPA Holder and his principal/owner of the property should by cancelled by executing a registered cancellation deed.

Ya thats correct 

CONSIDER THIS:
1. IF the "sale cum AGPA" was fully stamp duty paid and duly registered, THEN it is legally valid for all futuristic purposes, without any exceptions.

2. EVEN "IF" "sale cum AGPA" was fully stamp duty paid and duly registered, THEN too you can give it for "adjudication" to the SRO office and after receiving challan, you pay and have it regularized.

3. Rectification Deed for "minor inadvertent typo errors" can be executed unilaterally without the signatures of seller party.

Agreement of sale is not a sale rather it is a contract to sale. And sale by POA has been declared illegal in India by Supreme Court. 

So it is clear that no sale was legally made. And title to the property remains with the original owner. 

You can claim refund of your payments from the party . In default you have to file money recovery suit in court .

The sale concluded between you and "B" will be valid if the AOS-cum-GPA is registered, you can check and confirm whether it is Registered or not.

If the AOS-cum-GPA is registered it is valid, if it is not registered you will not get clear title.

If the Deed is not registered, then you have to get Deed of Confirmation of said sale in your favor by the original owner.

Further reply to your post:

Rectification Deed is executed for rectifying any mistakes / errors in the Sale Deed.

The same has to be done by the Original Owner and it cannot be done by the SPA.

-  As per Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr , which was passed on 11 October, 2011. Supreme court has declared that property transfer through GPA / agreement to sell is invalid.

- Further, “Those who had already bought property through GPA before its judgment could use the documents to apply for regularization of allotments and leases by development authorities."

- And further , "Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," 

- Further " In order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance." 

- Hence , if B was having GPA executed before this judgement , then legally he is having right to sell & transfer the said land to anyone, and his GPA is valid. 

- Hence, if B had purchased the said plot via GPA even registered , after the passing of this judgement or if he is not a relative of A , then he was not having right to transfer the said plot .

- Yes , Rectification deed can be executed in the absence of owner through SPA.

Your purchase is valid. Take delivery of all original documents.

Property description can be rectify by executing correction deed. Agent can excute same, no need of actual owner.

Sale deed is perfect.

1. In case using AGPA Mr. B made a sale deed in your favour as an Agent of Mr. A then the sale deed is valid and the title is clear otherwise a confirmation/rectification deed from Mr. A in favour of you is required. 

Yes vide a Special Power of Attorney a rectification deed can be signed and executed. The agent of the original owner can sign on his behalf and present himself before the sub-registrar office. 

Your sale deed and SGPA need to be perused to give concrete advice on the same. 

Hi 

Assuming the Sale cum AGPA has been executed prior to September 2011, then the Sale Deed cum AGPA will be valid and you can rectify the same by making payment of differential 1 % stamp duty. 

Since you intend to make the rectification deed for dimensions of plot, you can make the rectification deed with real estate agent "B" signing the rectification deed at registrar office and "A" affixing his signature as consenting witness through special power of attorney holder. 

Hope this information is useful.

If sale through GPA with required stamp duty took place prior to Suraj Lamps' case then it is legal.

An AGPA holder can execute a registered sale deed on behalf of the owner.. 

I suggest you to issue a legal notice for specific performance both to the agent and the original owner calling upon them to execute the confirmation deed in your favour. If they fail to comply with the notice, then you can file a suit for specific performance.

A sale through a person who is a holder of GPA is not a valid sale deed as he is not the owner but is acting on behalf of the owner.

Yea a rectification deed may be prepared and registered having all owner and the buyer of the property.

The owner must be present. A GPA holder cannot be a owner.

1. The purchase is valid if GPA is registered and executed by paying full consideration.

2. Yes you can execute rectification deed with original owner.