In case I want to sell this property, will it create any problems. Can I obtain a patta in my name after taking the actual measurements , make a suitable recital in the sale deed at the time of sale and proceed with registration without any hassle.? Will stamp duty be on actual area or the increased area wrongly stated earlier.
Or is there any other course of action to be taken?
If you propose to sell the property to a prospective buyer at a later stage, you may first ascertain actual available property by getting your property measured by a government surveyor based on the revenue records held by the VAO/land revenue department.
After getting the surveyor report, you may issue a notice to the erstwhile vendor by registered post demanding him to execute a rectification deed in respect of the actual available area and register the same in your favor.
Let the notice be returned undelivered stating that the addressee not available or died or left or anything.
Subsequent to this, you may aproach the jurisdictional registrar's office with an application for permitting you to execute a rectification deed by yourself in the absence of the vendor.
The registrar will reject or refuse permission, then ask him to give the same in writing.
After that you file a declaration suit before civil court to declare that actual area available in the property which is different to that of the area mentioned in the title document.
You can enclose the surveyor report, undelivered legal notice, copy of letter requesting the registrar for permitting you to execute a rectification deed, the registrar's reply.
The registrar may be impleaded as a party to the suit as defendant besides the vendor.
Consult a local advocate on further issues.
You cannot sell the property by reducing the area in the sale deed by making corrections yourself, it would be invalid and illegal.