14 April 2021
I am Planning to buy a house in the Bangalore, HORMAVU Bangalore Details 1) House is contructed around 25 years back 2) Site owner have executed deal 3) Since its B Khata, so very few banks are providing loan. Even I showed the document to my lawyer, and also submitted the document to bank, Both the legal Advisers has told its legally good and we can go ahead for the purchase and even bank loan is also approved. But when i check the document while preparing the Sale Agreement i found one issue In the Sale Deed, The Schedule of the property is having mistake Actually its North to South is 30 feet And East to West is 40 Feet But in the Sale deed its written wrongly as North to South is 40 feet And East to West is 30 Feet, Rest all the property schedule is ok, Ie details of Left side property , right side property details, back side property details and East side road details are entered correctly. I ask with one of my the property register dealer he said 2 option 1) Rectification Deed to be done by the original seller and current owner for the correction 2) Self Rectification Deed, Where the current owner will do the self rectification in front of sub register and then Enter the self rectification details in the new Sale Deed. Now the my question 1) Is it legally right to get the self rectification done and then get sale deed done.(Since the current owner is not ready to get the rectification deed done form the original owners, since he fears that original owners might again ask for money since he brought at very less rate 10 years ago 2) Will i have any problem during the selling this property in future since since rectification done was Self rectification instead of the correct rectification deed. 3) One of the Lawyer told that Self rectification deed does not have any legal value, It can be just used as a document but does not give you rights in the court.. Please help me in clarification, thanks in Advance for prompt answers. SHOULD I GO WITH 2ND OPTION?
15 April 2021
yes the lawyer stands in correct without registered rectification deed is not valid and it would create issues during if you going to sale . Moreover it is the duty of the seller to sign in the rectification deed, So convince your seller and do rectification deed with the support of local lawyer
15 April 2021
Self rectification deed has no value in the eye of law. All the documents which have been executed previously regarding the questioned property should be rectified by registered rectification deed.