Seller deny for rectification on gpa done on 1989

Sanjay kumar (Querist) 26 April 2022 This query is : Resolved
Dear ,

I had purchased a property in Delhi from my relatives in 1989.
At that time he makes Notarised GPA in Favour of me but mention wrong khasra numbers in GPA.
Now I ask him for correction affidavit but he clearly deny for that.

I have possasion on that property since 1989.
Now how can I correct Khasra in my GPA.

Thanks.

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A property owner purchased land in 1989 via a notarised GPA, but the document contains incorrect Khasra numbers. The seller is now refusing to provide a correction affidavit. While the owner has had possession for over 30 years, a GPA alone doesn't confer ownership. To rectify the Khasra numbers and secure ownership in revenue records, a sale deed registration is likely necessary, or potentially a suit for declaration based on adverse possession.

Harinarayan R. Tripathi (Expert) 27 April 2022
Hi,
1. GPA merely gives various power and authorities as per the terms contained therein;
2. After a period 30 years approaching the original owner mostly giving rising disputes and the transferor is trying to take undue advantage of the situation. Firstly check why you need the correction? Secondly please ensure the correct location of property on the basis of the map (if any) attached therewith and ownership of premise on the basis of other revenue records;
3. You may show your bonafideness before any third party/ authority by establishing transfer of full consideration, having undisputed possession since last more than 30 years and inadvertent error now observed in the facts of khasra number.
However, all these shall be decided on the basis of merit and facts of the case.
Thanks.

Sanjay kumar (Querist) 27 April 2022
Thank you sir for your reply.

I have to correct Khasra number only for showing the ownership on the property .

If there is any dispute on property then at that time will be able to present my ownership at that property.

Pls. Suggest , is any other solution.

Thanks sir

kavksatyanarayana (Expert) 27 April 2022
The rectification deed must be executed to correct the khasra number. But on the basis of registration of GPA and Rectification deed, the revenue authorities may not be changed the khasra number in their records unless you have to get the sale deed registered by the GPA deed. Or on the basis of GPA, you have the right to sell the land to a third party but your name may not be entered in revenue records

kavksatyanarayana (Expert) 27 April 2022
If you do not wish to sell and kept it with you in your name then you have to get the sale deed registered. To enter revenue records is a must. still, if you have any doubt you may call me.

Advocate Bhartesh goyal (Expert) 28 April 2022
Although you have purchased the property by paying sale consideration to seller through notarized GPA and got the possession of property still the ownership of property does not vest to you. GPA or agreement to sale does not confer title or ownership of property so either file suit for declaration of property on basis of adverse possession or get registered sale deed from seller to get ownership/title of property.

Sri Vijayan.A (Expert) 29 April 2022
Through GPA, you cannot be the owner of the property.
Get the sale deed executed in favour of you and registered.

Sanjay kumar (Querist) 07 May 2022
Sir, I have GPA,Sale deed, possasion affidavit, payment receipt from the saller .These all doc's are Notarised. The only concern is the wrong khasra number mentioned in docs.

Thanks to all gentlemen for supporting but I have some more doubt.

1. Is there any specific rectification letter format for khasra number correction.
2. Can I suit the file against party (seller) on the basis of Notarised GPA. sale deed, possasion affidavit, payment receipt after 30 yrs.
3. What docs. I required to suit file against 30yrs adverse possession.

Pls. Suggest.

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