Hello,

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.

Actual issue:

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  !!

Thanks,
Ananth

Try to Prepare a rectification deed with the help of seller and register it.

By a registered Deed of Rectification.

Hello Sir, 

As mentioned to you in the PM, the lawyer whom i am checking with did speak to sub registerer and claims that the SR feels this is a complex thing and may need to seek advice from DR. Even the builder told me that SR may not accept for a rectification deed in this case and i may need to go for a fresh sale deed with changes.

Is there anyway i can approach the registerer and speak to him directly rather than going thru' these middle men?? 

If Registrar is not ready to register rectification deed. Issue a legal notice to him under section 80 c.P.C and file suit for mandatory injunction to such effect.