Santhosh Hegde 04 February 2019

Mistake in land documents

Dear Sir,

I had purchased a land in 1993 from Unity Investment who had jointly developed around 20 acres of land along with property owner by Name Mr Muniyappa. This is near Electronic City, Bangalore. I had purchased site number 828 with survey number 111/2 which was a DC converted land. However now we have realised that around 27 plots around my site are actually belonging to survey number 117/2 for which same Mr Muniyappa was the original owner. (Original documents of survey number 117/2 are available with the society). This was due to mistake during registration in 1993. Also Survey number 117/2 is not DC converted land.

Now Muniyappa is no more & he is suvived by his wife, one son & 5 daughters. His son & wife have agreed to sign rectification deed for these 27 sites changing survey number from 111/2 to 117/2 as add on document for our original sale deed, where survey number is mentioned as 111/2. They have also demanded some amount from these 27 site owners to do these rectification deed process. Please note, they are not putting any claims for this property as of now.

Kindly confirm following:-

1)Whether this (Rectification deed) is the right process.

4) What will happen to our Khata which is with survey no: 111/2. Can we apply for Khata change along with rectification deed.

I would be grateful for your advise, as the rectification deed activity is planned in another 10 days time. I look forward for your valuable advise.

Thanks & best regards

Santhosh Hegde

Reply Follow

3 Replies

Suhail suhail (LAWYER) 04 February 2019

)Whether this (Rectification deed) is the right process. YES THAT IS CORRECT PROCESS AND SUCH RECTIFICATION DEED SHALL BE SUBMITTED IN REVENUE DEPARTMENT (TEHSILDAR) ALSO TO CORRECT THE RECORDS.

2)Since 117/2 survey number is not DC converted, whether there will be any problem for us. (These 27 plots are located in well developed gated colony & road, water , drainage facilities are already available). There is also no possibility of Government taking over any part of the colony for road expansion or any other infrastructure development projects in future). You can approach to DC with rectification deed and submit application for conversion .If the surrounding plots are already converted you can get conversion on those basis also.

3)What will happen to taxes already paid by us so far (paid to panchayath) for our individual plots till today under survey number 111/2. Can we continue to pay taxes for individual plot with new survey number? LIKEWISE YOU WILL APPROACH TO PANCHAYAT ALSO AND GET NOC BY SUBMITTING RECTIFICATION DEED AND ALSO CONTINUE IN RECORDS WITH DIFFERANT SURVEY NUMBER,SINCE THE PARTIES AND PROPERTY SAME WITH MISTAKEN SURVEY NUMBER ,SET THE RECORDS RIGHT IN THERE ALSO.IT WILL CONTINUED ;GET NOC /CLEARANCES FOR PREVIOUS PAYMENTS ON THIS PLOT

4) What will happen to our Khata which is with survey no: 111/2. Can we apply for Khata change along with rectification deed. CERTAINLY THAT IS CVERY IMPORTANT AND UPON PHYSICAL VERIFICATION CAN BE SET RIGHT COMFORTABLY.