Saleability of property ignoring typo Error in GPA document registered 22 years earlier
This is about a harmless typographical error made into a GPA document registered 22 years ago in TN. The Plot is part of layout of 18 plots owned by a Person, which was later inherited by his 6 children and 16 grand children. These 5 siblings (also as guardians to their minor children) executed a GPA in favour of the 6th youngest brother in 2002. The GPA agent sold one of the plot (Plot no.15) to my Seller in 2004 and my Seller sold it to me in 2006.
I took home loan from SBI, got a building sanction and constructed house, in which I am staying peacefully for the last 18 years. When I wanted to sell my house, a typo error was found in the GPA in 2002 which remained unnoticed till now is holding up the sale. The defect is that Plot No. 15 is typed as 19 in GPA. Rest all dimensions, size etc which are unique in 18 plots, matches perfectly with plot no. 15. When we approached Sub-registrar, we were told to execute a correction deed. But it is impossible to trace 22 heirs after 22 years. Second option was to se a court intervention which takes years. On direction of a legal expert, I executed an Affidavit assuring/ indemnifying the future buyer of any future litigation.
I have all original titles with me. All revenue records like Patta, FMB Sketch, A registry extract, VAO/ RI certificates mentions my name as owner. Licenced Construction plan and utility bills from 2006 shows my name. I have been paying taxes for last 18 years. I have EC for the last 50 years with NIL encumbrance.
I list following reasons to justify the minor nature of the typo which could be ignored. It is a 18-plot layout there is no plot no.19 in the approved layout. There is NO plot no. 19 in Govt’s FMB sketch, or in EC record of last 50 years or in RI/ Surveyor report. Therefore, Plot No. 19 in GPA actually implies/ indicates one of the other 18 plots in the approved layout. Whereas, the dimensions, sizes and other boundary details match ONLY with plot no. 15 (by 100%).
In a hypothetical scenario, I have been leading, open and uninterrupted living for the last 18 years, which is more than the time limit (12 years) for claiming ownership under adverse possession law. Even in a hypothetical sense, even if Plot no. 15 is not mine, I am still eligible to claim ownership, by virtue of my uninterrupted living for last 18 years. Whereas I have all original title deeds, revenue and land records, which unequivocally establishes my ownership.
My question is whether my property title is saleable and marketable with my self-declared Notorised Affidavit without going through an impossible task of Rectification Deed or grueling Court intervention exercise. Can a buyer safely ignore this typo error on the basis of my self-declaration in a Notarised Affidavit, as ignored in the past by my seller, GPA Agent, sub-registrar, my lawyer, my bank etc,? The property is a premium one, selling at a very competitive price (70% of market value) and having bee line of buyers, but they dragging foot
Asked 1 year ago in Property Law
Religion: Hindu