• Requirement of rectification deed

I am trying to buy a panchayat land in Visakhapatnam, Andhra Pradesh. The agricultural land originally bought by father and later converted into plots with different survey numbers. Father expired 4 years before and the land was acquired by the legal heirs (wife, sons, daughter). As the land is divided into different survey numbers, part of a piece of big land was sold to a builder and apartment was built. The other part of piece of land was also being sold now. But this piece is also under the same survey number of the apartment. Recently, they brought a government surveyor and re-measured and issued a ENDORSEMENT with a new survey number. Also, this empty piece of land is mortagaged in a bank after his father’s death. The owners are ready to do registration of the land with the new survey number issued in the ENDORSEMENT. However, we are requesting a registered rectification deed to show the above change. The owners are confirming that the approved letter from the surveyor is enough for registering the land. In this case, the ENDORSEMENT will be valid or a rectification deed is compulsory for the mentioned surveyor number change? can we proceed further for land registration and in future will it make any problem to make the LRS?
Asked 7 days ago in Property Law
Religion: Hindu

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8 Answers

Deed of rectification has to be executed to rectify mistake in survey number 

 

mere letter from surveyor is not sufficient 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5249 Consultations

5.0 on 5.0

There is no necessity for a rectification deed for  incorporating or recifying the new survey number to that of the old survey number as seen in the original registered  property document.

Allotment of new survey numbers to eht existing survey numbers may be done for various reasons, for example, if there is a change in the status of the landed property i.e., from agricultural to NA conversion or if the property has been subdivided or any other reason that the government has initiated action to allot new survey numbers. 

Therefore you may obtain a legal opinion from a lawyer about the genuineness of the property and proceed to purchase it onlyif recommended. 

T Kalaiselvan
Advocate, Vellore
72756 Answers
1110 Consultations

5.0 on 5.0

1. If the endorsement clearly makes reference to the old survey number and the need for the new survey number and reflection of new survey number against the old survey number in the Record of Rights and Tenancy of the revenue records also, then there's no need to obtain Rectification Deed.

2. If, however, there's no mention of old survey number in the endorsement, then obtaining Rectification Deed is the best option.

Shashidhar S. Sastry
Advocate, Bangalore
3613 Answers
207 Consultations

5.0 on 5.0

1. It will be prudent on your part to get the rectification deed registered.

 

2. However, if the said land has been mortgaged with the lending Bank, the sale deed in connection with the said land will be invalid unless consented by the Mortgagee Bank in writing.

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

If you mention proper history in the sale deed and search report including this ENDORSEMENT of new survey number.

 

The Sub registrar or Registrar officer has to accept rectification deed.  If you had already performed registered sale deed, then you will require rectification deed. 

 

If you have not registered your sale deed as of now then no need to make Rectification deed.

Ganesh Kadam
Advocate, Pune
12081 Answers
136 Consultations

4.9 on 5.0

Dear Sir,

1) As buyer you it should be in your interest to get a rectification deed, in order to completely indemnify you.

2) They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents such as the endorsement.

Thank you

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Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

-    Surveyor is not having unlimited powers and letter from surveyor is not enough.


-    Rectification Deed have to be executed to rectify mistake of survey numbers.


-    Also mortgage have to be taken care of.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

- Since the said survey number has been changed by the competent authority , then the said sale deed not need a rectification deed. 

- You can produce the Endorsement at the time of registration of that property bearing old survey number and in your sale deed you can mention the details of changing of surety number. 

- Further, as the said property is mortgaged by the bank , then you should not purchase that property without getting no objection letter/approval from the bank. 

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

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