• Wrong property measurement mentioned in title deed

Hello experts, Can you please answer below query

My uncle got a house through a court auction (in Karnataka) and got it registered on 23/5/1953
The house/land dimension mentioned in the registered deed was incorrect:

The deed mentions 13.5 feet less than the actual in north-south direction. 

Incorrect dimensions mentioned in the registered deed:
north-south: 24 feet 
east-west: 37.5 feet.

Correct and actual measurement is:
north-south: 37.5 feet
east-west: 18.75 feet

My uncle was unmarried and passed away on 20/9/2006. He did not make a will.
My uncle had 4 sisters and a brother (my father)
The property got transferred to my father via a registered release deed signed by the four sisters

My father now wants to sell the property with the correct measurements in the new sale deed.
Can you please suggest how to do the same?

Can we just mention the correct measurements in the new deed or does it require any procedure to be followed
Asked 1 year ago in Property Law
Religion: Hindu

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14 Answers

you have to mention the measurements as per earlier sale deed 

 

2) if you want to rectify the measurements deed of rectification has to be executed by seller 

 

3) if seller is not traceable then you need court orders to rectify the dimensions of property 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

Without any base you cannot confirm the measurement you believe to be the correct one and the one mentioned in the registered deed is wrong.

What is the proof you have to prove that the measurement made in the 1953 registered deed is incorrect and why the person who purchased the property had not taken any action to correct the same immediately or at least anytime during his lifetime.

He is reported to have died in the year 2006, whereas the legal heirs who succeed the estate also did not bother to rectify the measurement if it was true. 

Therefore the claim made as wrong measurement at this stage may not be entertained even by court if you intend to take up the matter through court. 

You say that the property was purchased through an auction sale made by court, hence you have to approach court alone to execute a rectification deed based on the original document containing the correct measurement as what you say now. 

If you propose to sell the property now, you cannot add the measurement at your whims, you have to mention the measurements what is found in the registered sale deed held in your possession. 

You cannot add or delete any item that is found in the sale deed which you rely to be the base document to execute the sale deed in favor of the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

1. Since it's not possible get the registered Rectification Deed executed in favour of your father, get the registered Declaratory Deed executed by your father in the jurisdictional Sub Registrar's Office .  

2.  In the Declaratory Deed, the need for it to execute instead of Rectification Deed had to be explained, i.e., incorrect dimensions mentioned in the sale deed and the correct dimensions.

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

The sale deed did not cover 13.5 sqft. you are in uninterrupted possession of the same and thereby acquired title through possession. You can sell the excess with actual as you are title holder of all land including excess. A problem will be faced only if land is less than specified in title deed.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear client,  I am sorry to hear that but in this case a rectification deed is often used to correct mistakes in property transaction-related conveyance deeds. In case you spot errors in your sale deed or any other property-related document, you should get a rectification deed (or deed of rectification) drafted and registered, to nullify the error.

Anik Miu
Advocate, Bangalore
8826 Answers
110 Consultations

4.7 on 5.0

You can go for rectification deed in the above case and get it registered

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

As your late uncle purchased the property through a court auction, your father needs to file an application before the same court  OR at the district court within which the property is situated for rectification of the property dimensions, by producing the original order, your uncle's death certificate, his legal heirs certificate and the relinquishment deed signed by your father's sisters.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

Respected Sir, Greetings !!!

 

Having learnt your situation meticulously, Kindly observe below-mentioned solution ;-

 

The point to focus herein is that, Like every situation demands I strongly recommend you to Firstly apply wisdom than hammering on court procedures as you can knock its door any time : 

 

 POINTS TO KEENLY OBSERVE STEP BY STEP

 

Step 1 : Publish a Paper advertisement submitting the facts for the wrongly entered property measurements. (Same like Change of Name)

Step 2 : Take the paper cutting along with the complete paper and execute RECTIFICATION DEED in the office of the concerned Registrar or Sub-Registrar where your property jurisdiction is situated and where SALE DEED has been executed.

Step 3 : The above mentioned RECTIFICATION DEED will cost you charges which you can ask the concerned Sub registration office. 

Step 4 : Simply attach the RECTIFICATION DEED to the SALE DEED and sell the property with both of them and with his no one should doubt on its originality. 

 

Remember, Do not opt for cheap steps, Do follow steps that will make you spend money but brick wall is always better than sand house.

 

Hope every thing is absolutely clear. Still any issues consult me. Good Luck !!! Adv. Masood.

Mirza Masood Baig
Advocate, Hyderabad
5 Answers

Not rated

 

You are giving him more than what is mentioned in the sale deed. He cannot file any suit against you. Had you given less than what is mentioned in sale deed only than a right to file suit could accrue to buyer.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The indemnification in the sale deed by the vendor in favor of the buyer is a common recital, which will be taken care by the document writer.

you may have to confirm if the same are as per the procedures and facts therein.

You cannot make on your own a different extent  or measurement than what is written in the sale deed, if at all you have documentary evidences to prove that this is an incorrect measurement or extent, then you have to get the rectification deed executed rectifying the error by a registered deed, without which this will be deemed to be an intentional wrong committed by the vendor, and it would land up in criminal case also for acts of cheating and breach of trust. 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

You have to only mention measurements as per original sale deed 

 

you can mention that property is being sold on as is where is basis 

 

if there is mistake in measurements the buyer will at his own cost rectify 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

It's advisable to get the Declaration/ Declaratory Deed mentioning, both wrong and correct dimensions, executed by your father in the jurisdictional Sub Registrar's Office before selling the property .

Shashidhar S. Sastry
Advocate, Bangalore
5105 Answers
314 Consultations

5.0 on 5.0

If the prospective buyer has agreed, you may include a clause in the sale deed saying that the buyer has agreed to go by the dimensions as (incorrectly) stated in the previous document and to keep the vendor harmless and indemnified against any dispute whatsoever in future.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

You can add the same

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

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