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Other person name in sub registrar office

(Querist) 13 March 2020 This query is : Resolved 
My mother had purchase a 200sq.yard plot in october 1986.which she resisted on her name in 02.12.1987 and made a house over it after assessment from municipalty(nagar nigam) we have been paying house tax till now and approved the map of house from development authority in 1996.later in 2009 i have purchase this house from my mother and registerd the house in my name by registry in sub registrar office.now presently, i found out in sub registrar office that the registry given to my mother has her name in registry.but in the sub registrar office record is registered in some other person name in place of my mother's name.but no one from1987 till now has claimed on this house.my question on this situation are how can I change the name back to my mother'name in sub registrar office and can I sell the house in such situation
Raj Kumar Makkad (Expert) 13 March 2020
This may be a typographic error and even may be a big fraud. You should treat it as a typographic error and accordingly should move an application to the Sub-Registrar to correct its record on the basis of the copy of registered sale-deed duly registered by it.
Shailesh kumar (Querist) 13 March 2020
Sir. anser my question still pending. Can I sell the house in such situation
kavksatyanarayana (Expert) 13 March 2020
If you want to sell, first the name of your mother should be rectified in official records. so, please put an application to the Sub Registrar with copies of your deed of 2009 and your mother's deed of 1986 and mark a copy of the same to the District Registrar of the District by Registered Post.
Raj Kumar Makkad (Expert) 13 March 2020
Yes. You can sell the said property.
Sudhir Kumar, Advocate (Expert) 14 March 2020
You can sell but for not being charged for fraud you to to ensure that the records are corrected otherwise you can be criminally proceeded for selling house of some other person (whose name appears in registrar office)
Advocate Suneel Moudgil (Expert) 14 March 2020
1. file an application to correct the record on the basis of registered deed in the name of your mother and you,
Advocate Suneel Moudgil (Expert) 14 March 2020
2.after correction of the record, you can sale the property without any legal hassle,
P. Venu (Expert) 14 March 2020
What do you mean by "Sub Registrar Office Record"
Shailesh kumar (Querist) 14 March 2020
Sub registrar office record mean where a regietry copy kept secured
P. Venu (Expert) 14 March 2020
It is impossible to perceive such a situation.
Raj Kumar Makkad (Expert) 14 March 2020
I slightly differ with the advice of expert P. Venu. Once your mother has further sold the property in your favour and the revenue record is correctly entered in your name, however, the name of your mother is found incorrect, may it be bonafidely or malafidely, gives a free right to you to sell the said property being bonafide purchaser.

Correction of record is of course a safer side game.
Rajendra K Goyal (Expert) 15 March 2020
To remain in safe side you should avoid to sell property knowingly with existence of discrepancy /typographic mistake in title of previous owner. It may lend you in unnecessary legal hurdles. It is advisable to get the discrepancy rectified. Try to be fair and proceed with clean hands in deal.
P. Venu (Expert) 15 March 2020
The entire story, I repeat, is convincing. It is the very soul of the registration process that the copy of the deed kept in the registers of the Registration Office would be verified with reference to the Original. Then and then only, the endorsement as to registration of the deed is recorded.

Moreover, there are many a loose ends in the story. How come the plot which was purchased in October 1986 was registered only one year later, on 2/12/1987?

Was the house therein constructed without the approval of the plan by the Nagar Nigam? If so, how was the building approved for tax?
T. Kalaiselvan, Advocate (Expert) 15 March 2020
There is no problem in this.
This should be an error while registering your mother's name by the staff of registrar's office.
As experts suggested you may file n application correct the name in the register of the registrar on the basis of the registered title document on your mother's name.
If they refuse to correct the same then you can file a petition before civil court seeking direction to the sub registrar for name correction in the register of the registrar's office on the basis of documentary evidence in your mother's possession.
Once that is done, you are safe because the current title is already on your name hence selling the property by you may not create any problem to you at a later date with the support of all these documents.
You may consult an advocate in the local and proceed on the suggestion made
Rajendra K Goyal (Expert) 16 March 2020
You should get the error rectified, if Registrar Office does not do so, move to District Registrar.


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