Hi, My father bought the plot 20-30 years back and the survey number of the land is 422 in the handwritten agreement paper at that time. During the registration in 2016, the plot is registered with another survey number (424) and none of us noticed the change in the survey number. Will that be a problem now? Is there any chance somebody registers the same plot with the survey number (422) and what can be done in such a case? (Note: as of now no plot is registered under survey number 422)
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Deed of rectification has to be executed by seller to rectify mistake in survey numbers in sale deed
it should be duly stamped and registered
if any registration is fine with survey no 422 you have to file suit to set aside sale deed as you are owner of plot no 422
The issue here is the land was bought 20-30 years ago and the seller is not alive right now. In such cases what can be done? Is it okay If we proceed with the same survey number(424) as 422 is not registered yet? we have the boundaries of our plot mentioned clearly in our sale deed, are those boundaries and the area of the plot define the plot's position and make us the owner of that particular plot?
The legal heirs of sellers can execute deed of rectification to rectify mistake in sale deed
2) don’t proceed with survey no 424 as you had purchased land with survey no 422
You need to get it rectified through rectification deed.
Please check from the Taluk Revenue records which the correct survey no. is, 422 or 424. Get a certificate of ownership from the Tahsildar mentioning the correct survey no. In the sale deed, narrate all the relevant facts suitably in order to avoid any dispute in future.
You should find out the reason for change in the survey number.
You ascertain the facts that whether the survey number has been changed by the revenue department from the previous one to the present one and what is the reason.
You can get the information through RTI act too if the revenue department is not answering to your queries.
If your father bought the property around 20 to 30 years ago, why did he get the property registered on his name only in the year 2016?
Your information is contradicting to each other.
Hence you may better clarify the details from the revenue department itself.
You can submit an application to the revenue department to re-survey your plot and fix the boundary stones to identify your property.
During the resurvey of the property, the actual survey number, both previous and the current will appear, however if there was no such survey number like the previous one, then you can go ahead with the current survey number alone.
Dear Client,
In such a situation you should firstly visit the DLRO office of your location of land and try to find out what defects and defaults have taken place by the seller while registering.
Thanks & Regards
