Hello All,
We are in the process of selling our property, which my dad purchased in 1981 in Bangalore.
The deal was finalized with a buyer, and subsequently, they asked for a copy of our Title Deeds and Related House documents for Verification.
They raised a few discrepancies, most of which we were able to resolve; however, there were two major discrepancies that they informed us were crucial for proceeding with the purchase of the property.
Firstly, they requested the Mother Deeds of the original seller.
Secondly, an oversight was noted in the original Title deed; the North Boundaries were omitted, while only the East, West, and South Boundaries were mentioned.
I informed my Friend (Broker) of these issues, who assured me he would try to obtain the necessary documents or rectify the situation.
He has initiated the process to obtain the mother deed; however, due to the property's age of more than 40 years, there is uncertainty about whether it can be obtained.
Regarding the rectification of the North boundaries, we possess a site plan clearly indicating the details of the property's North boundary. Additionally, we have a loan document from the Bank explicitly stating the North boundaries, based on which we obtained a loan previously. However, as the original seller and their legal heirs are untraceable, my broker friend, after consulting with a lawyer, has obtained a deed of declaration affirming the omission in the Title deed regarding the missing North boundaries. Through self-declarations and submission of the Site layout, the North boundaries have been added, and we have obtained a deed of declaration from the Sub registrar's office.
I provided a copy of the declaration deed to the buyer, but their lawyer is contesting its validity, stating it's a self-declaration and cannot be accepted.
I seek guidance on this matter.
Is the rectification not valid? Unfortunately, considerable expenses were incurred to rectify this issue, relying on confirmation from my Broker Friend, who in turn received approval from his lawyer friend.
In the event the rectification is deemed invalid, what steps should I take to proceed with the property sale?
As advised, given the property's age of over 40 years, we have no means of contacting the buyers/heirs to rectify the situation or obtain the Mother deed from them.
Thanks in advance.
