Original property document mistakes and correction process
Baba
(Querist) 19 November 2018
This query is : Resolved
Dear Experts,
I am raising this question with name. Sorry i did not know one should not raise as anonynymous.
This is regarding 30 years old, my father's property.
The property was baught by my father from Mr.X, Mr X baught from Mr.Y.
Title Deed1 has East to West 40,North to south 65 area 6 cents Mr X baught from Mr Y.
Title Deed2 has East to West 45,North to south 60 area 6 cents My father baught from Mr X.
Actually East to west supposed to be 60, North to South 45,area 6 cents.
However bit encroachment happened with slight deviations in all four directions and area is 5.5 cents now.
Now father is no more, we (mother, brother and myself) are legal heirs.
We are planning to sell house. Anyway we are not interested in claiming encroachment we are fine with existing area.
My question is,
1.We should amend the original document (and linked document) for right East to West, North to south measurements (which is swapped in original documents) and right measurements which any way less now due to emcroachment and for existing area and then sell?
If yes, what is the process knowing fact that my father is no more and also Mr.X who sold to my father is old and cant move. Mr.Y is no more as well.
OR
2. Can we directly register to our buyer with all corrections just for existing area without correcting oroginal documents.
Please suggest.
Adv Shailendra Deshpande
(Expert) 21 November 2018
From the query, it seems it is open plot as immovable property. You better visit Local Land Revenue / Registrar Office and make an application for measurement.So that the area will be finally determined before sell. It will avoid any further issues for new buyer as well. It will also help to resolve the issues of area mentioned in 30 year old documents.
Suresh
(Expert) 22 November 2018
You need to specify which location you are situated as land comes under state. If i consider you are from Maharashtra I would suggest You to apply to the land inspector to conduct survey of the land and decide the meats and bounds of the plot. The Mutuation Entry will mention the present situation and accordingly record of rights will be updated.
