Registration of sale

at your mercy (Querist) 27 March 2025 This query is : Resolved
Dear learned advocates, first my salute to you all. The sub registrar though is inclined to release the document, he is cautioning me that I may have issues later as it may not come in EC. I find with my little knowledge, the new doument read along with previous deeds as refrenced technically correct to have clarity on the plot that has been conveyed. Please go through the following and advice. Thanks I recently purchased a plot from a seller. The seller provided both the original document and a rectified deed. The rectified deed clearly specifies the plot number, survey number, CMDA layout approval, and detailed boundaries. In the new purchase deed, the schedule mentions a new survey number (210/51) and new current patta number (22977),which was obtained through the patta issued to the seller a few months ago. The boundaries, and total area remain consistent with the details in the original document. However, the old survey number (210/4) is not mentioned in the new deed. Both the original document and the rectified deed are referenced as previous linked documents. Details from the previous document (Schedule B): Plot Number: 47 in "SASTRI NAGAR" Survey Number: 210/4 Location: No. 82, Varadharajapuram Village, Sriperumbudur Taluk, Chengleput District Extent: 2170 square feet Exact Measurements: East to West (Northern side): 27 feet East to West (Southern side): 37 feet North to South (Eastern side): 50 feet North to South (Western side): 60 feet Boundaries: North: 30 feet Road South: Plot No. 48 East: 30 feet Road West: Plot No. 46 In the new purchase deed, all these measurements and boundaries are accurately reflected, except that the old survey number (210/4) is replaced by the new survey number (210/51) and includes the updated patta number (22977).

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A recent property purchase has raised concerns during sale deed registration because the new deed omits the old survey number, despite referencing previous deeds and including updated details like a new survey number and patta. While the sub-registrar has registered the document, they've cautioned about potential future issues with the Encumbrance Certificate (EC). Legal advice suggests that the old survey number should ideally be included in the new deed. To address this, the buyer is advised to pursue a rectification deed with the seller to incorporate the missing old survey number and avoid future complications.

T. Kalaiselvan, Advocate (Expert) 27 March 2025
What exactly is your problem, instead of discussing your problem you have just posted the information you posses.
If the old survey number is not mentioned in the new registered deed, then you can ask your vendor to execute a rectification deed afresh incorporating the missing details of the previous survey number.

at your mercy (Querist) 27 March 2025
yes. the problem is -- the previous deeds documnet numbers , regn ofice, dates , recent patta and thereby new survey number and sub division , area ,boundaries, side measurements were mentioned in the new deed. The old survey number was not mentioned thinking the previous documents numbers in new deed would be enough.. The sub registrar has registered any way. please advise

kavksatyanarayana (Expert) 27 March 2025
You stated the story of your purchase, but what is your problem? The old survey and patta numbers should be mentioned in the present document, i.e., in your sale deed. And as per your given measurements, the site's total extent seems wrong. So got the site surveyed by a licensed surveyor and got a rectification deed for the site if it is there and for an old survey and patta numbers from the seller.

T. Kalaiselvan, Advocate (Expert) 28 March 2025
It is not the duty or interest of the sub registrar to rectify the error in the survey number i.e,., if the previous survey number is not mentioned in the present deed, then the buyer only has to take steps to instruct the vendor to execute a rectification deed rectifying the error of not including the old survey number in the current registered sale deed.
You should consider the future legal hassles in this regard and better take steps now itself instead of lamenting over the mistake at a later stage where it will not be possible to rectify them.

at your mercy (Querist) 28 March 2025
Thanks. I shall go for rectification process

T. Kalaiselvan, Advocate (Expert) 28 March 2025
You are welcome for your appreciations and understanding

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