• The actual plot area is more than that in Sale Deed

Dear All,

I am planning to buy a corner plot that has road by North and West. The area mentioned in the sale deed is 41.5' x 45.5' = 1888 sft. But when the plot is measured it is 40'-43' x 53'-63' = 2367 sft. This is been the case when the layout was formed in the year 2003. My seller says that he just got this registered from the developer for 1888 sft and says he'll be transferring the same thing to me since this couldn't be rectified. The other plots in this layout also have the same problem, but people have either used this space as a garden or a parking (along the skew). The approved layout plan does show the extent of the site correctly with road on either sides and plots on the other, but doesn't convey the actual area. Can I still buy this plot? How can this be rectified? Your inputs are highly appreciated.
Thanks
Arjun
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) the area of plot is not less than mentioned in the sale deed .

2) you would have clear and marketable title to only 1888 square feet of land 

3)for rectification seller has to approach builder and deed of rectification can be executed by the builder to reflect correct area of 2367 square feet . 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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1. This could have been avoided had the seller taken timely steps to get the rectification deed executed in his favour. Be that as it may, the title of the actual area of the plot does not diminish due to excess mentioned in the sale deed. You should conduct due diligence to ensure that the title of the plot is free and marketable.

2. To rectify the error now the seller or his legal heirs have to execute a deed of rectification in favour of the current owner/
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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1.Since you have not mentioned  whether the plot is in the layout developed by BDA or a Private layout developed by a Developer, it would be difficult to suggest ways to resolve this problem.
2. Assuming that this is a BDA plot, you can apply to  BDA requesting for allotment of the marginal land to you since the extra land is abutting to the plot by paying it's value. 
3. In case the plot is in a layout developed by a private developer or society, you can apply for regularisation of the abutting land by paying it's value to the developer/society, as the case may be.
4.If the title of the property is clear, then you can go ahead with the deal.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
Hi, legally you will be  able to get  only 1888 Square feet and you can't get more than that. you can take the possession of the remaining area also but you can not claim in  legal way. you can take the possession of the property in out of way.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
This cannot be an error which can be rectified, in my opinion this has been intentionally hence you may have to verify the original lay out approval and confirm the same.
A legal opinion by an experienced lawyer will reveal you the facts and underlying issues. Before venturing into the purchase, better have a quick opinion by a lawyer producing the relevant papers before him.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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