Deed of rectification has to be executed with all previous owners
it has to be stamped and registered
Hi All, I am about to buy a property with west boundary wrong 262 instead of 202. All previous owners EC report and sale deed has this boundary wrongly mentioned. This is in Hyderabad. Can a present owner can sell the property with right boundary? Or he has to do rectification deed with all his previous sellers before selling it to me?
Deed of rectification has to be executed with all previous owners
it has to be stamped and registered
Since you have found that the boundaries are wrong or incorrect you can ask the vendor to get it rectified by a registered rectification deed
If rectification is not carried out then you are purchasing a different property with incorrect details. This also indicates that the seller's title is defective.
Hence you may purchase only after the rectification deed is executed or keep away from this property.
Owner can sell property with correct boundary by conducting rectification deed with all previous sellers, including a new sale deed with correct boundary, and amended EC report..
The present owner has to get the Rectification done by getting the Rectification Deed executed by the previous owner and registered in the jurisdictional Sub Registrar's Office.
Owner is saying he will try to fix within my new sale deed when I got the registration without rectified sale deed from previous owners, is that legitimate? Is there a way to do rectified sale deed without previous owners? Present owner saying old owners are not reachable. Bank is asking a letter(affidavit with my signature) from me mentioning we will correct it within new registration to finalize the loan.
it would not serve the purpose
2) deed of rectification has to be executed by previous owners too
3) dont purchase the property
If the chain document and parent document differ with the boundary description then it will be considered as inconsistent and incorrect document, hence you will be need to execute a rectification deed from your side at a later stage which would be a tedious process and unnecessary.
If the owner or seller is not able to rectify the same, then you will be buying the property from a person who is having a defective title to the property hence the sale deed can be rendered as invalid.
The bank's instruction to give undertaking will also not be able to be fulfilled without the required execution of rectification deed.
Hence you may think twice before venturing into this purchase.
Do not take any decision on your own without consulting an experienced advocate in this regard.
The owner has to get the rectification done for his sale deed first and then only he can execute a new sale deed in your favour.
Yes you can do it with their legal heirs or after declaration from court in absence of the owners or legal heirs
A mistake in the boundaries of a plot can lead to several legal issues and disputes in the future. Therefore, it is important to rectify the boundary of the plot before going ahead with the purchase.
- Since, the property is having a different boundary number , then if you will purchase with the same number then it may create trouble for you.
- Hence, the seller should rectify the said defect after executing a registered Rectification deed to correct that number before selling the same.
- However, the presence of earlier owner is needed at the time of execution of the deed before the sub-registrar.
- If earlier seller is not traceable , then the seller should file a declaration suit before the court.
Dear client,
If the property has a wrong boundary mentioned in all previous documents, including the sale deed and EC report, it is important to rectify the boundary before purchasing the property to avoid any legal complications in the future.
In such a case, the present owner cannot sell the property with the correct boundary without rectifying the error with all previous sellers. A rectification deed needs to be executed with all previous sellers and registered with the Sub-Registrar's Office to correct the boundary.
It is recommended to consult a lawyer who specializes in property law to ensure that the rectification deed is executed properly and all legal formalities are completed. Once the rectification deed is executed and registered, the present owner can sell the property with the correct boundary to you.