Hi,
After checking the legal documents (Parent and subsequent registry Doc, General Power of Attorney, EC from 1982 to Sep 2010, legal opinion from lawyer, local news paper advertisement) I have purchased a 6 cents property in Tamilnadu on Oct 2010. The layout is DTP approved with SF No as 324 / 2 and I have transferred the Patta/Chitta under my name in 2011. After registering, I have heard there is a double entry in the layout for few sites and to verify this I have applied one more EC in Sep 2011 and found I am the absolute owner for this property without any discrepancies.
I will just give the background on this property
- The partition deed executed by Party A,B and C in 1930.
- General Power Attorney is executed by party A,B,C to in favour of party D on 05 Jan 1988.
- Sale Deed Executed by party D in favor of E on Apr 2006.
- Sale Deed Executed by party E in favor of F and G on Oct 2007
- Sale Deed Executed by party F and G in favor H (myself) on Oct 2010.
The party H is myself, came to know recently that one of the party X who is claiming this Site belongs to them and they registered this with party A,B and C on 06 Jan 1988.
We found the following mismatches in the legal documents from Party X
- The Deed registered on 06 Jan 1988 between party A/B/C and X. Here, the interesting thing already party A/B/C executed a General POA in favor of party D on 05 Jan 1988.
- The Sale Deed of the Party X has wrong DTP approval no and SF No. as 324 only without sub division 2.
- The Party X has executed a Rectification Deed on 21 Sep 2012 without involving the Party A/B/C from main Deed to rectify the DTP No and SF No.
I recently took a latest EC 2 days back for 35 yrs (1982 to May 2013) found the names of the party X . I am wondering now, why these entries were not reflected in my previous ECs.
Please answer my below queries:
Q I believe EC is authentic document which declares the actual owner When I purchase the land, if the land is already registered to party X on 06 Jan 1988, why EC doesn't reflected their name in 2010 and 2011.
Q Will the rectification Deed executed by party X in Sep 2012 is legally valid or void as they have not involved anybody from main deed (party A/B/C). I believe either the party A/B/C or their legal heirs have to be part of this rectification deed. How Sub Registrar has accepted to execute this Deed.
Q. What is the max. time allowed as per the law to execute the rectification deed ? Here the time execeeded more than 24 years and 9 months by party X.
Q Where I did the mistake in purchasing this land even after taking all authentic measure ?
Please suggest, how to proceed further in this regard.
Regards
Shiva
