Recital Potion significance
Querist :
Anonymous
(Querist) 09 March 2010
This query is : Resolved
Respected Experts
I wanted to purchase a piece of land, but exact area was unknown. Some confusion was there regarding area. So, 40 cent is written with exact/specific boundary. It also got mentioned in the recital portion of the sale deed that entire land of mine is being sold in this specific plot and if the land measures more than the written area, vendee will have the right title and possession of that excess area, neither me nor any of my heirs will have any objection. Vendor has specifically written in recital portion that now I have no land left in this plot, all has been sold and being transferred to vendee from today itself. Recently when I got it measured, it is around 51cent within the mentioned boundary. Stamp was payable as per the value of the land and there is no deficiency regarding stamp. So what to do in this situation? What is the importance of the recital portion of the sale deed? Also in this case will boundary prevail? Is there any case law related to this type of situation? Plz. Suggest. With thanks and regards.
adv. rajeev ( rajoo )
(Expert) 09 March 2010
Entire land means only 40 cents, mentioning that entire land of your's is sold doesn't mean that entire 51 cents is sold. Whatever written in the sale deed is binding on the vendee.
If there is wrong in mentioning the boundaries you can apply for the correction. Question of stamp duty is not the problem here.
Querist :
Anonymous
(Querist) 09 March 2010
Sir, boundary is for the 51cents. Boundary is correct, only area was written less than the actual. Which got mentioned in the recital portion. THanks.
Uma parameswaran
(Expert) 09 March 2010
If you go for correction You will get the land only according to the mother document.The vendee could not sale more property than mentioned in the deed.So you could not change the deed.The Registrar also could not do any thing.If Authorities will get information ,they will take steps to confiscate the exess land from you.You can decide whether need to inform or not.
