Hi, I need an expert advice from you for the following: Scenario: 1. My friend has purchased a piece of land in Bangalore in 2006 from Mr. X (seller) via unregistered GPA dated April 2005 (but notarized) in favor of Mr. Y. GPA holder Mr. Y executed the Sale Deed in my friend's favor in March 2006. 2. Survey number of the property is mentioned as 71/2 in GPA as well as Sale Deed. Now after 10 years from the map, we realize that survey number of the property should have been 71/1. 3. Note that the sale deed by the Original Owner in favor of Mr. X (who sold this land to my friend) did not have survey number. It has only Khata No. with property description and the same Khata numbers are mentioned in current sale deed (executed in my friend's favor) as well as GPA. My queries are as under: 1. Since seller 'A' is abroad, can the rectification deed be executed by the GPA holder (please note GPA also has incorrect survey No.) 2. Since GPA also has incorrect survey number, should it be rectified as well? 3. Original GPA in 2005 was unregistered, now if GPA needs to rectified, should the rectification be registered and if so, what is the procedure when the seller/ principal is abroad. Can he send the rectification GPA attested by Indian Consulate in his country of domicile? 4. What are the possible options for my friend to correct the survey number in the sale deed executed by the GPA holder? 5. What would be the stamp duty charges for rectification deed (rectification of survey number) in Karnataka? Appreciate your expert opinion on this. Thanks.
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1) deed of rectification can be executed by GPA if owner is abroad
2) fresh GPA can be executed by owner in favour of Y . GPA should be attested before indian consulate
3) rectification deed would attract nominal stamp duty
4) stamp duty is state subject and varies from state to state
rectification by original owner would resolve the complication. If you prefer to take a chance then another GPA must be executed in favour of Y by X, which will have to be duly attested by the Indian embassy or consulate, after which it must be duly adjudicated once it reaches Bangalore, India.
After which the sale deed executed in favour of your friend in March 2006 must be rectified through a Rectification Deed.
Once new GPA is executed, rectification of the old one would not be necessary.
Stamp duty and registration charges for the Rectification would be very minimal, but the process would be cumbersome.
this would be the most convenient method to resolve this issue.
Since the GPA is unregistered the sale deed executed by the attorney holder is without legal competence, as a corollary thereto the title has not passed to your friend. Before rectifying the khata no your friend should get the title to the property. He should ask the owner to either himself execute the sale deed or execute a registered GPA to authorize someone else to convey the title for and on his behalf.
1. Since seller 'A' is abroad, can the rectification deed be executed by the GPA holder (please note GPA also has incorrect survey No.)
The GPA can execute a rectification deed now rectifying the correct survey number, The GPA deed is ot the title document of the property hence the wrong survey number in the GPAS will hardly matter.
2. Since GPA also has incorrect survey number, should it be rectified as well?
The GPA deed need not be rectified, but please make sure that what is mentioned in the original sale deed prior to GPA deed.
3. Original GPA in 2005 was unregistered, now if GPA needs to rectified, should the rectification be registered and if so, what is the procedure when the seller/ principal is abroad. Can he send the rectification GPA attested by Indian Consulate in his country of domicile?
There is no need for the GPA deed to be rectified.
4. What are the possible options for my friend to correct the survey number in the sale deed executed by the GPA holder?
How did he find the survey number to be wrong at this stage, he can try the same source to find the correct survey number too.
5. What would be the stamp duty charges for rectification deed (rectification of survey number) in Karnataka?
No stamp duty for rectification deed, only registration charges need to be paid.
