How to rectify the sale deed after 6 years?
V.Raghavan
(Querist) 28 May 2008
This query is : Resolved
When I scrutinised a document in which my client is interested to purchase to construct a factory i found the following defects:-
1. The Power agent executed the sale deed without mentioning his status and the Principal stating that he and his brothers are the absolute owners of the property.
2. A Patta was obtained in the name of the Power agent's father for the property which is not his own.
3. On believing that the patta is in the name of the power agent's fathat and that it has become their family property all the brothers have signed in the next sale deed in the rank of Vendors.
4. The Power of attorney is a registered on (22.4.2002)
5. When the sale was executed by the power agent the principal of the power was not alive.
6. A patta is also obtained in the name of the last purchase on the last transaction.
7. The originally the land was an agricultural and later converted into industrial plot.
Now the Vendor is interested to rectify the sale deed registered in the last transaction with the help of the Purchaser. My clients feel the property is very good for construction of their factory.
Now can any one suggest me how to rectify the defetcs in the title of the property after 6 years or registration and get it registered in my cleint's name ?
Guest
(Expert) 30 May 2008
Mr. Raghavan,
In which state is the property situated. State is required to know the proedure under the laws of that state.
V.Raghavan
(Querist) 30 May 2008
The property is situated in Tamil Nadu state
V.Raghavan
(Querist) 31 May 2008
Pl reply for the above
Guest
(Expert) 03 June 2008
First thing to be done, is
to approach the office where the property is register, obtain a copy of the deed your are examining, check the document in the Registrar's office. If there also the mistake continues then Rectification deed can be drafted and registered. It may not affect the stamp duty paid. Only nominable charges will be taken.
Once the erectification is done, the Patta can be changed to show the anme of the absolute owner.
Then you can produce the next sale deed, wherein all the members of POA agent have signed the sale deed and the title will flow to the current owners.
Now from the current owners, when you wan to take, take an undertaking that in case of misrepresentation, he will indemnified.
V.Raghavan
(Querist) 03 June 2008
Thanks Mr,Kotresh, I shall try to rectify as u have mentioned. Once again thans for the efforts taken. Thanks to all.
Srinivas.B.S.S.T
(Expert) 22 June 2008
you can file a suit for cacellation of sale deed on the grounds of fraud