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Discussion > Property Law > Sale > Wrong measurements/extent in sale deed   Unanswered Threads Post New Topic

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There are 11 Replies to this message


Vinod Kumar


IT Professional
[ Scorecard : 32]
Posted On 08 November 2009 at 01:52 Report Abuse

Dear all,

I had bought a property (with compound wall) 4 yrs back and the measurement given was 4200 sq ft in the sale deed. But when we did a private survey to get a CAD drawing, we saw that it was indeed 5000 sq ft. Today, I noticed that the sketch (FMB?) shows the exact measurements and the area calculated using that comes out to 5000 sq ft. The sale deed however shows a wrong extent of 4200 sq. ft.

Now, my question is how to rectify the sale deed since I don't want any trouble in the future while constructing or selling the same.

Thanks in advance.



Y V Vishweshwar Rao


Advocate
[ Scorecard : 7452]
Posted On 08 November 2009 at 07:10 Report Abuse

You have to  approach your Vendor  and get a (Rectification Deed )  Additional Sale Deed  for the remaining Area of 800 Square Feet , you are required ot pay the Additional Stamp Duty and Registration Fee  for the Value of the Additional Area 800 Sq Ft  . Get the  Additinal Sale   Deed  executed and Registered by your vendor in your favour  to have perfect title on the additional  Area of 800 sq Ft Area !

 

 



Total thanks : 1 times

Vinod Kumar


IT Professional
[ Scorecard : 32]
Posted On 08 November 2009 at 12:21 Report Abuse

Thanks for your response and clarity given.

I've a couple of problems there. The seller had a power of attorney and it is almost 4 yrs back and he's not traceable.

And, the parent (previous) deed executed in 2001 also had the same mistake. Should I be getting in touch with the actual title holder and since she also had the same mistake in her deed, should we have the earlier seller / plots developer involved?

Is there a way possible if I can't track one / all of these people?

Thanks in advance.

 

 


Swaroop Godbole


advocate
[ Scorecard : 144]
Posted On 08 November 2009 at 12:22 Report Abuse

i totally agree with adv. Y. V. Vishweshwar.

it is important to get the rectification / correction deed executed at the earliest.

before, do calculate the stamp duty paid by you while executing the sale deed. if the stamp duty is paid on the valuation of 4200 sq ft. then you have to pay the additional stamp duty. otherwise you can just execute the correction deed to rectify the typographical mistake (if stamp duty is paid on valuation of 5000 sq. ft.)



Total thanks : 1 times

Swaroop Godbole


advocate
[ Scorecard : 144]
Posted On 08 November 2009 at 12:26 Report Abuse

i think it is important to examine the your building plane approved and FSI, TDR certificates then...

and dont worry even if you are unable to find out any person in the chain.. then also your interests can be safeguarded..



Total thanks : 1 times

Swaroop Godbole


advocate
[ Scorecard : 144]
Posted On 08 November 2009 at 12:31 Report Abuse

i think it is important to examine the your building plane approved and FSI, TDR certificates then...

and dont worry even if you are unable to find out any person in the chain.. then also your interests can be safeguarded..



Total thanks : 1 times

raj kumar makkad


Advocate
[ Scorecard : 131411]
Posted On 08 November 2009 at 19:34 Report Abuse

I diagree with the opinion of all experts expressed above. When the earlier owner was also not owenr of the excess area, how can he legally sale it and how can its registred sale-deed can be got executed thereon?

The excess area is just an illegal possession not owned either by its previosu owner nor by present buyer rather it is a settled possession. It is better to go in depth of owenrship of nearest/adjoining owners or let it be joined in your area and no permanent construction be made in particular one side so that it may be dealt with at the appropriate time. Ther eis no use to contact its earlier seller.



Total thanks : 2 times

Vinod Kumar


IT Professional
[ Scorecard : 32]
Posted On 08 November 2009 at 23:05 Report Abuse

Thanks Swaroop.

Thanks Raj. But the problem is that it is a calculation mistake where the dimensions used to calculate the area are perfectly documented every where (sale deed, FMB sketch) but the extent mentioned was wrongly calculated and documented. Even the compound wall constructed 10 - 12 yrs ago is covering the correct area.

When a sale happens, aren't the dimensions important or is it the extent which overrides everything?

Thanks again.


Vinod Kumar


IT Professional
[ Scorecard : 32]
Posted On 08 November 2009 at 23:06 Report Abuse

The fact is that this is not a square or a rectangular plot and hence this confusion in getting the clear area documented, i believe.


raj


Lawyer
[ Scorecard : 30]
Posted On 08 November 2009 at 23:25 Report Abuse

Dear Vinod,

I agree with Mr. Makkad's view here but would like to add that if the sketch, which i believe was the part of the sale deed as annexure, matches with the area that you are in possessoin of i.e. 500 sq. ft. than you can get a deed of rectification done. However, in the process as learned friends have suggested the cost of the stamp duty plays an additional role. There could be a situation wherein if you go explain the entire senario to your vendor and request him execute a deed of rectification, than he may ask for additional money since he himself is not the clear title holder of the property as he conveyed to you the property with the rights that he had been conveyed through his vendor. so it is purely a business call.

In any event, if the covenants in the sale deed says that you have been granted possession of 4200 sq ft, which is actually more than that, togetherwith all the rights to use the said property than as per my view you are holding this additional property subject to payment of additional duty for actual transfer of the said part of the property. However, you may appreciate that the possession of that part is only conveyed to you and not the title.

At this stage, you can also verify with the original approved building lay-out plans that what area has actualy been allotted and it will required to be ascertain that who was the actual title holder of that 800 sq. ft area and previous sale deed's will paly an important role to ascertain whether that property has been rightly conveyed with typographical error to you or not.

Hope this may help.

Regards.



Total thanks : 1 times


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