• Rectification deed clarification

The survey no 42/3, 42/4, were granted in the year 1959. 42/ 4 to lakshmaiah and 42 /2 byrappa. That there was some error in the revenue record. The survey no were interchanged. It was corrected before 1965.
in the year 1968 The childrens of lakshmaiah Devappa, Thammaiah, and Ramaiah sold 25 guitars of land to one chikkathayamma, land belongs to Ramaiahs share.
Land bearing no 42/2 2 00 acars of byrappa out of 1 acar sold to muniyamma, in the year 1971muniyamma sold 32 guntas to one Ramaiah s /o Aragada muniyappa, Ramaiah alienated the land in the year 1992, to residential purpose. And executed a registetred GPA in favor of one by name Dushyanth.
In the year 1995 Ramaiah S/o lakshmaiah and Thammaiahs son executed a rectification deed without the Vendor smt. Chikkathayamma the correction of errors in the sale deed interchanged of survey no and extent. I.e. survey no 42/3 is as 42/4 and extent Instead of 25 guntas as 0 17 guntas the same was registered in the judiction where the absolute sale deed registered.

In the year 1995 dushyanth sold the land of each 0 16 guntas Mahesh and Chandrashekar, 
Both of these fellows executed a GPA in favor of Ramesh Babu to develoe, ramesh babu devide in to plots and developed sold to 14 members.
Land bearing Survey no 42/3 has 11 plots and 42/4 has 3 plots.

In the year 1995 based on the sale deed of year 1968 chikkathayamma muted revenue entries in her name.

Whereas the sites which are owned by different persons now Chikkathayamma son trespassing these sites and demolished all compound walls and creating unnecessary interference. He has produced a document that Chikkathayamma gifted these property I.e. 42/3 25 guntas and 42/4 17 guntas belongings to his ansistars, now in the year 2019 he has gifted the same to his son. His son has entered to a joint development agreement. The developer has started construction 

Knowing the facts Few of the site owners have approached the honorable court. Court has granted a status quo order. Other owners have not approached the court yet.

My questions are:
1. When there is an error in the revenue records which was corrected in the year 65s. It is clearly said Ramaiah s/o lakshmaiah which was sold to chikkathayamma was not belong to him.

2. Ramaiah e executed absolute sale deed in the year 1968 to smt. Chikkathayamma in survey no 42/3 0 25 guntas. Later Ramaiah and Thammaiah son prahalad executed rectification deed, in the obsesnce of smt. Chikkathayamma.
Whether is going to affect the rectification deed. Valid or invalid?

Since Muniyamma executed a sale deed in favor of Ramesh S/o Aragada muniyappa 32 guntas in the year 1971, whether adverse in possession will protect the site owners.

Whether 06 and 19 gift deeds have any titles

Since sites were purchased in the year 1995 regularly paying tax, khatha from authorities will it protect the site owners.

Whether this order is binding only for who have approached the honorable court or it wil
Asked 5 years ago in Civil Law

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2 Answers

Mere payment of property taxes , entry in revenue records does not confer title to property

 

2) if you have been in open , hostile uninterrupted possession for over 12 years you can claim adverse possession as defence

 

3) rectification deed ought to have been executed in presence of chikkatayamama 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The details of the properties and particulars can be ascertained only after proper scrutinisation of the relevant documents.

With the confusing information posted by you in this post, no proper opinion can be formed, hence it is better that you consult a local advocate, produce all relevant papers before the advocate and get a legal opinion in person. 

The people who sought relief have approached court, the other people are not interested to protect their interests in their property.

The orders passed by court shall be restricted to the suit filed by the litigants alone and not to third parties who have not filed any suit or not impleaded themselves as parties to the suit seeking similar reliefs. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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