Recitification deed clarification
Raguraman K
(Querist) 01 December 2018
This query is : Resolved
Dear sir, I was going to purchase an old house at Pondicherry and made a sale agreement and was processing through bank loan. Everything went well and at the final stage of typing the sale deed the document writer informed the resurvey number is wrongly entered as it was showing the roads. This property was originated as layout in 1973 and no layout was available by then and was registered as cadastral number. Later it was sold to the father of 3 sons who registered in 1977 after resurvey done. this is when the document was made with wrong resurvey number. Now the party built a house and living there for 30plus years with electricity, property tax and water from municipality. Now the father executed the will to 3 sons and now he is no more. The 3 sons put together were selling this property. Now we also found the correct resurvey number however the patta is not changed to any of the 3 dwellers in that resurvey number. There are 3houses in that survey number and nobody changed the patta numbers from the 1973 layout developer father name. Now with both seller and buyer was no more, only by possesion of will 3 sons are selling to me. Will it be possible for them to do a rectification Deed and how much time and money is going to take. Should I proceed with this property. The parties saying they will go through district collectorate to get a demarcation document through which they can sell it to me with correct survey number. Will it be possible and can I get patta for me if I proceed for registration in that way. Kindly suggest, your earlier suggestion highly appreciated.
Raguraman K
(Querist) 01 December 2018
Kind suggestion please
Kumar Doab
(Expert) 01 December 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 01 December 2018
Sometimes the wrong survey number is entered to save duty/fee.
Or there could be encumbrance issues, defects in title..etc etc
If the title is bad from beginning then further ownership may not be valid.
The perfection of title by adverse possession is not achieved until granted by court.
There are many queries on adverse possession at LCI in threads etc e.g;
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
Property law (Property Law)
Until duly acted upon without any cloud on WILL the WILL is mere piece of paper and does not confer ownership on beneficiary. The authority shall not transfer the property until WILL is duly acted upon.
Kumar Doab
(Expert) 01 December 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally for compliance with procedure.
Kumar Doab
(Expert) 01 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil/Testamentary Succession matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Revenue/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil/Testamentary Succession matters.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Avoid paying any monies, signing on any agreement until proper legal opinion from a very able LOCAL counsel on good title is on your hands..
Your counsel may opine for recourse by rectification deed by legal heirs, declaration suit etc
Rest is upto you.
Raguraman K
(Querist) 11 December 2018
Thanks for all to the valuable suggestions. I have taken the suggestion from local lawyer and he suggests to go ahead with legal procedure to file case in court and obtain legal order to get rectification Deed and then purchase property. He is also suggesting you may also register the property on your name and then do the rectification Deed if you foresee time constraints, however the seller need to come to court whenever called for and extend cooperation. He says in this case both buyer and seller no more, the buyer legal heirs occupied property with property tax electricity and water resources from government for past 30 years.
BAALASUBRAMANNYAMM
(Expert) 13 December 2018
You better to get a legal opinion, from your bank's advocate who will suggest you in a suitable way.
BAALASUBRAMANNYAMM
(Expert) 13 December 2018
You better to get a legal opinion, from your bank's advocate who will suggest you in a suitable way.
