• Mismatch or incorrect directions mentioned in the Sale Deed and EC of the land I am buying

Hi
I am buying a open plot from Mr. A in Panchayat Layout in Keesara Mandal in Secunderabad. In this transaction, I will be the 2nd owner after deed registration, i.e the EC currently shows only one transaction from the XYZ Resorts Pvt Ltd to Mr. A.
The problem observed is that the EC and Sale Deed mentions wrong directions, i.e., as per these documents in East there is a Plot B and North there is a 30ft Road, however as per the master layout and physical status there is a road on East instead of North, similarly all other directionals mentioned are 90degree rotated. There are no other issues in the document.

The current owner i.e. Mr A says that he can register a rectification deed, calls it as Self rectification deed, prior to my registration, by paying the entire duty again as per his original deed. I enquired whether the first seller (XYZ Resorts Pvt Ltd) would be also part of this rectification deed, then he said that it is not required and as the current owner he can do the self rectification deed as it is a minor error.

I am confused whether this is ok or will it create a problem later while reselling by me. 
Please advise.
Asked 2 years ago in Property Law
Religion: Hindu

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4 Answers

I disagree 

 

deed of rectification has to be executed by first seller and not merely current owner 

Ajay Sethi
Advocate, Mumbai
99823 Answers
8148 Consultations

The rectification deed as suggested that the  current owner  that he will execute it as self rectification deed is not legally valid.

The errors are to be rectified by executing a registered rectification deed by the original seller to the current owner. 

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

The rectification needs to be done in the records by seeking application for the same 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

Dear Client, 

When all parties are prepared to sign the rectification document in front of the sub-registrar, it can be completed. Try to persuade the seller to execute the deed of rectification. It is impossible to self-correct an act. As an alternative, you can look up in the paperwork who can buy it even with this issue. If a sub-registrar is certain that there was an error in the original document, he will only grant your request for rectification. To register the rectification deed, both contract parties must agree to the desired alterations and show up in the sub-office registrar's office. 

Hope this answer proves beneficial to you. 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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