• Incorrect facing directions of property in sale deed

Hi sir/madam,
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 3 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23144 Answers
1215 Consultations
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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.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23144 Answers
1215 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23144 Answers
1215 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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