• Boundary plot number correction

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?
Asked 3 years ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

Deed of rectification has to be executed with all previous owners 

 

it has to be stamped and registered 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90027 Answers
2497 Consultations

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..

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

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.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

it would not serve the purpose 

 

2) deed of rectification has to be executed by previous owners too 

 

3) dont purchase the property 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90027 Answers
2497 Consultations

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. 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes you can do it with their legal heirs or after declaration from court in absence of the owners or legal heirs 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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