• 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

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5 Answers

This is not a minor error and change of plot number is a grave error changing the property itself. 

The notarized affidavit will not solve the problem. 

It is as good as the same erroneous sale deed. 

Your assurance by an affidavit is not maintainable in law. 

As a matter of fact you are not the first buyer. 

Your vendor only has to undertake the responsibility to get a registered rectification deed rectifying the error and not you. 

Alternately you can find relief only through court even though it may take little time to overcome the problem. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. If the 2004 sale deed/GPA in favour of your seller has the correct plot number 15 and if he has executed GPA /sale deed in your favour as plot number 19 by mistake, even though all other revenue records mentions your name as owner, then proceed to execute a registered Declaratory Deed in the jurisdictional Sub Registrar's Office declaring the circumstances in the deed.

2.  Subsequent to your following the above procedure, the defect in the title could be set right and you may get a prospective buyer.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

You don’t have clear and marketable title to property as GPA mentions plot no 19 has been sold 

 

2) mere affidavit dues not confer title 

 

3) deed of rectification has to be executed to confer title to property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

A plot of land is that part of a cadastral area that is defined by a plot number in the cadastral, and the registration record in the registrar office is always indicated by the plot number.

- Hence, if the plot number is having an error then it must be corrected by the execution of a Rectification Deed 

- Further, if the transferor is not traceless then there must be a direction from the court to correct the same, and an affidavit is not enough. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

The error (Plot No. 15 typed as 19) needs to be addressed to ensure clear and marketable title. While your notarized affidavit provides some assurance, it might not fully satisfy legal requirements or alleviate buyer concerns. Despite the typo, the surrounding context (dimensions, boundaries, absence of Plot 19) clearly indicates that Plot 15 was intended. This is a common issue and usually can be rectified via a correction deed. However, the difficulty in tracing all heirs makes this challenging. Though tracing all heirs is difficult, it remains the most legally robust solution. Alternatively, you might be able to publish notices in newspapers and seek a court declaration for correction, simplifying the heir tracing process. For a clear title, especially for financing, legal formalities should be ideally corrected. Your uninterrupted possession for over 12 years strengthens your claim under adverse possession. While time-consuming, a declaratory suit can provide legal clarity. This would make your title indisputable, easing buyer concerns and facilitating financing. Consult with a property lawyer to explore efficient legal avenues for a correction deed or declaratory judgment. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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