Uds sale by flatpromotors

at your mercy (Querist) 20 April 2025 This query is : Resolved
1. Approximately 140 sale deeds were executed between 2010 and 2015 for the sale of undivided share (UDS) by a flat promoting company (Vendor 1) and an individual (Vendor 2), both of whom were jointly represented by the same person acting under a Power of Attorney (POA) granted by each vendor.
2. Vendor 1 had originally acquired ownership of a total extent of 215 cents through three sale deeds executed in 2007. Vendor 2 had separately acquired ownership of 22 cents through a sale deed executed in 2003.
3. Subsequently, Vendor 2’s sale deed was rectified towards the end of 2003 to correct certain survey numbers and to add additional survey numbers. However, there was no change in the extent of land area conveyed.
4. It has now (as of April 2025) been observed that the UDS sale deeds executed between 2010 and 2015 do not refer to the rectified sale deed of Vendor 2, nor do they mention the rectification deed's document number. They only mention the original sale deed's document number.
5. It has also been observed that in one of the sale deeds under which Vendor 1 acquired the property, the property description mentions an extent of 0.10 cents (Item 1) and 0.45 cents (Item 2). Vendor 1 claims that the actual extents are 10 cents and 45 cents respectively. However, the schedule of property in the said sale deed also reflects the extent as 0.10 and 0.45 cents. Vendor 1 has not taken steps to rectify this discrepancy.

Request for Advice:

What are the legal implications of the missing reference to Vendor 2’s rectification deed in the UDS sale deeds?
What remedial actions should be taken to address the discrepancy in the extent of property as mentioned in Vendor 1’s acquisition deed?
How should the buyers' title to UDS portions be safeguarded in light of the above issues?

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Quick Summary

This discussion concerns potential issues with Undivided Share (UDS) sale deeds executed between 2010 and 2015. Problems include the omission of a rectified sale deed reference for one vendor and discrepancies in the property extent mentioned in another vendor's acquisition deed. Experts advise that rectification deeds are necessary to correct these errors and prevent future legal complications, recommending consultation with a local lawyer to review all documentation and provide tailored advice.

T. Kalaiselvan, Advocate (Expert) 21 April 2025
The title deeds of both the vendors appear to be defective due to defects observed therein.
Now the vendors have to execute registered rectification deed to rectify the error observed now otherwise the observed defects will continue to there forever and may create legal issues at a later stage.

Dr. J C Vashista (Expert) 21 April 2025
You have stated, inter alia, that, ".....a flat promoting company (Vendor 1) and an individual (Vendor 2), both of whom were jointly represented by the same person acting under a Power of Attorney (POA) granted by each vendor...." is invalid and incorrect authorisation.

at your mercy (Querist) 21 April 2025
indeed thanks very helpful

kavksatyanarayana (Expert) 21 April 2025
Did the vendor-1 and the vendor-2 issue POA to 3rd person? Your query regarding the POA is not clear. However, they have to execute a rectification deed for the omission stated by you through a registered deed and already executed sale deeds, if any omitted, they shall also be rectified.

at your mercy (Querist) 21 April 2025
vendor 1 is the flat promotors owning major land share and has authorised it's manager by a resoution to represent. vendor 2 is an individual owning a small land share and has authorised the same manger in his individual capacity to represent her, Hence the POA placed 2 signatures on the deed for vendor1 and vendor 2

Dr. J C Vashista (Expert) 22 April 2025
Show the documents of PoA to a local prudent lawyer since either you are unable to communicate as to who is executant and who is appointed as attorney in both cases or it is a fabricated story.

P. Venu (Expert) 07 May 2025
There cannot be meaningful suggestion unless the documents are perused and issues discussed.

T. Kalaiselvan, Advocate (Expert) 19 May 2025
As advised by many expert, you may better obtain a proper legal opinion from an experienced lawyer in the local by producing the property related papers and proceed only if recommended.

at your mercy (Querist) 20 May 2025
thanks learned advocate T.K Sir. I shall.

T. Kalaiselvan, Advocate (Expert) 21 May 2025
You are welcome for your appreciations.

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