Get a Confirmation Deed in your favour from deceased Raju's wife who has witnessed the Sale Deed executed by her deceased husband.
Vendor name incorrect
I purchased land in 2008, the vendor name is RAJU. In 2016 I came to know actual land was not on his name but on his wife's name as per linked documents. At the time of purchase his wife provided her finger prints at the place of WITNESSES. 1.Now we have boundary limits problem with adjacent person and we want to proceed legally. 2. Is there any problem to us because of vendor name is incorrect in my sale deed. 3. The vendor RAJU died in 2013.
Asked 7 years ago in Property Law
Religion: Hindu
15 Answers
If the wife is the actual owner of the property then your purchase from Raju is not permissible and hence void.
However if Raju is entrusted by registered by POA by his wife, then the sale valid.
If Raju has died and there was no registered POA in his name at the time of your sale then you would require a fresh deed of salre from wife of Raju.
If wife is the owner of property then her name should be reflected in sale deed as the seller of the property
2) since name of seller is incorrectly reflected deed of rectification had to be executed by vendor legal heirs
Hello,
1)Ideally there should not be a problem unless the neighbour raises an issue about your ownership rights as RAJU had no right to sell as the land did not belong to him. If previous documents are examined to determine the boundary, this question may arise.
2) Your title deed is defective as the right in the propertyhas not been transferred to you correctly as Raju was not the rightful owner.You will need to get a Rectification Deed registered and get Raju's wife to sign as vendor. Once this is done your title will become perfect.
3) If Raju's wife, the real owner is also not alive, you will need to find her legal heirs to get a Rectification Deed done.
file an declaratory suit against the seller and get his declaration towards discrepancy in sale deed. if he accepted that there is mistake then he shall adduce relevant document for correction, otherwise court shall call all the records from revenue department.
in all cases you will get true record either from the seller or from the revenue office. at the end court shall pass a decree in your favour and deed will be corrected accordingly. it will hardly take 6 months to decide.
Unless until the wife and legal heirs of Raju not claim there will not be any problem, but, better to get rectified title with raju's wife by executing rectification deed or any relavent document
1. Your title is not clear and marketable as the sake deed has been executed by someone other than the the title holder without a GPA having been executed in favour of the executor by the real owner. So the title can become clear and marketable only if the owner i.e wife executes a sale deed in your favour.
2. Since the wife has not sold the property she is free to file a civil suit for recovery of possession and also a criminal complaint for criminal trespass and cheating against you.
1. The said sale deed is faulty in the eyes of law,
2. Here the Vendor, who is not the owner of the property, has illegally sold you the said property where in his wife has signed as witness,
3. Get a Rectification Deed registered to correct the defects though I have my doubt whether the Registrar will allow such correction of Vendor's name at this stage or not,
4. If such rectification is not allowed by the registrar, file a declaratory suit praying for declaration that by mistake the name of the husband of the owner has been mentioned in the sale deed which is required to be rectified praying for a direction upon the Registrar to register the ectification Deed submitted by you.
3.
I have verified with the person who was prepared my sale deed, as per him at the time of registration house tax and municipal tap connection is Raju's name only so he is the actual owner. But Raju's wife name is mentioned in linked document and which is not a SALE DEED just mutual agreement between seller and raju's wife. At the time of house construction Raju was taken permission on his name for construction.
Asked 7 years ago
1)is the linked document between Raju wife and seller registered ? Kindly clarify
2) if wife was owner how was property taxes , water bill assessed in Raju name ?
3) Raju would have been owner if permission granted in his name to carry out construction
4) it is necessary to peruse documents cited by you to advice
Based on your explanation, if it is the fact, then you need not apprehend any threat to the title of the property.
Hello,
1) If it is verified that RAJU is the actual owner, you have no cause of concern and can legally proceed against the encroaching neighbours.
2) This confirms that you have a valid title to the property.
The house tax and water connection may be in anyone's name but this does not make him the owner. The title continues to vest in the person in whose favour the sale deed has been executed.
1. House Tax and Municipal Tax receipt does not confer title of a property, registered title Deed does,
2. Whatever may be the document, Raju's wife's name stands as te title holder of the land,
3. So, Raju can not execute and register any sale deed for the property which is not owned by him,
4. Act as advised in my earlier letter.
It is not the vendor's name is incorrect.
The vendor itself is a wrong person.
You vendor had no rights to sell this property because it was on his wife's name and he had no right or title or interest in the property.
You can get a rectification deed executed by the legal heirs of the decesed by suppressing the fact that the vendor had not title or rights to sell this property.
have verified with the person who was prepared my sale deed, as per him at the time of registration house tax and municipal tap connection is Raju's name only so he is the actual owner. But Raju's wife name is mentioned in linked document and which is not a SALE DEED just mutual agreement between seller and raju's wife. At the time of house construction Raju was taken permission on his name for construction.
Title document is the only evidence and not the revenue records or tax records.
Hence deal with this issue scrupulously and properly.