Incorrect facing directions of property in sale deed
I would like to purchase a property.we gave advance of 50,000 to the vendor and he gave us all the documents for review before registration.
We see that the facing directions of the property are incorrectly mentioned in the sale deed ,that is ,it's mentioned in the deed that a road exists on the north side of the property but in reality a pot exists on its north ,and also its mentioned that a plot exists on its south but actually a road exists.But plot number,survey number and other details are correctly mentioned.
The property was transacted by four vendors since it's inception,and from the very first this mistake is committed and the same mistake is carried forward till the current vendor.
I don't want to lose property for this reason.i don't think except for one vendor prior to current vendor no other vendor is traceable or still living.
Please advise on how to get this rectified before transferring it to my name,what will be the total expense and how long should this process take?
Asked in Property Law from Hyderabad, Telangana
1) deed of rectification can be executed to rectify the defects in the description of property in the schedule by the vendor
2) it should my take more than a week
3) legal fees vary
1. Get the Rectification Deed done in the jurisdictional Sub Registrar's Office rectifying the correct boundaries. This can be done by the Vendor prior to the current Vendor. Expenses differ from State to State and the information for this has to be obtained from the State where the property is located.
2. Obtain Encumbrance Certificate for the property for a period of 30 years and compare the boundaries as in EC with that of the Sale Deed.
The incorrect mention of the directions in the sale deed of the current owner does not stand in way of conveyance of title to you as the sale deed to be executed in your favour can have the correct directions. A mistake in the description of the property in the sale deed does not have to be carried to the next buyer. The only satisfaction that you should record is that the seller has the title to the property which he intends to convey to you.
Hi ashish davessar.i am quite happy with your answer on my query of incorrect facing directions,but also surprised,because most of the advocates here on kanoon suggested me to go for deed rectification,but you suggested that even though there are mistakes in the current owners sale deed I can still have correct details in my sale deed,so in this will it not be discrepant from the original deed ? Will it not be an issue if I go for selling this property in future ? Please help.
Asked 8 months ago
1) it would be a discrepancy with original sale deed in case def of rectification is not executed 2)
2) it would create problems in case you sell
sell property in future
The rectification deed can also be executed by the seller in favour of the current owner, but if the only error in the sale deed is that the directions have been incorrectly mentioned then in the subsequent sale deed the present owner can correctly mention the directions. As long as the title of the seller is not under a cloud the wrong mention of the directions does not oust his title.
I am again happy,on the statement that ,if the only error is incorrect mention of the directions then it would not be an issue with transfer of property from seller to me.But,to be on safe side I would like to execute the rectification deed as I may want to sell this property in future,so that time the buyer would not create an issue.
I am the fifth buyer of this property.As of now,only my current seller and his seller are reachable/available and others are not traceable.I have learnt that for the execution of rectification deed ,all the parties/buyers involved in the transaction since the inception should be available/present.So my query is , should all the four sellers be present or the current owner and his seller are sufficient for the execution of the rectification of the deed? Please help me on this .
Asked 8 months ago
you have taken the correct decision for execution of rectification deed
2)for execution of rectification deed all the parties involved in the transaction should be available
The rectification deed is to be executed in favour of the current owner by his owner unless the original title deed of the property also has erroneous entries.