My wife registered a property (an apartment) in her name around 2007-2008 (CHENNAI, MADIPAKKAM VILLAGE, Velachery SRO).
However, recently we identified that the Schedule mentioned in the sale deed seems to be incorrect.
Total land size was 4437 Sq.ft divided into two plots by builder. Plot A - 2307 Sq ft and Plot B - 2130 Sq ft. Each plot had 4 houses.
We took an undivided share of 511 sq ft in Plot A. However, in the Schedule A, B of the sale deed, we found that the details refer to "Plot B" and not "Plot A". This includes total square area of plot, 2 boundaries has been mentioned incorrectly including dimensions.
Upon checking in EC, we found that Plot A has 3 houses and Plot B had 5 houses, (our house which is supposed to be in Plot A is in Plot B due to the above mentioned error).
When checked with the builder he simply said its a typo error on his side and it was purely BUYER's fault for not having verified the details, whereas in reality, i understand that the builder never disclosed PLOT A, PLOT B to any of the buyers.
I wish to understand how this problem can be corrected. I checked with a lawyer through a friend of mine. He was telling me that he spoke to "Sub Registerer" and he in-turn mentioned that this is quite a complex issue and may need to take advice from DR, etc.
To shorten the process, the lawyer was suggesting that i close my home loan, get the documents released from the bank, cancel the existing sale deed and do a fresh one.
I am not in a sound financial position whereby i can pay the home loan and get the documents released now, nor do i have money to pay for fresh registration once again that may attract higher charges now due to revised guideline value.
Could the esteemed lawyers from this group provide me a solution for the same? I am ready to send the documents in private (if requested) for your reference and advice.
Looking forward to hear from you !!