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Nagendra   28 July 2015

Gpa principal has died, sale deed needs to be rectified

Hi,

A sold a site in Bangalore to B through GPA Holder C 20 years ago. A had full rights over the site as per mutation entries, khata, encumberance certificate etc. dc conversion was also done properly by A. C has signed sale deed to transfer (absolute sale deed) site in favour of B as a GPA holder of A.

GPA deed is registered and contains correct site no. etc. details. It clearly mentions that C has right to sell, lease, build ...... site in question as well as a block of several other sites.

A was alive at the time the sale deed was executed by C in favour of B.

Sale deed wrongly mentions dimension as east to west 30', n to s 40' instead of actual east to west 40', n to s 30'.

Village panchayat has issued khata to B 19 years ago. B has paid property taxes (first to panchayat, then to bbmp) till date. The BBMP website also shows B as the property tax assessee.

A has died 3 years back. How can B get the dimension details rectified ?   

Regards,

Nagendra



Learning

 3 Replies

Kumar Doab (FIN)     28 July 2015

Try by convincing legel heirs of A and C as witness for rectification deed.

Consult an able local lawyer dealing in revenue/family/civil matters with all documents on record.

 

 

 

rajagopal.s (Lawyer.)     29 July 2015

Hi 

You should apply for rectification of sale deed at the sub-registrar office where the sale deed was effected. the rectification deed should be signed by the legal heirs of A and B . 

Also you need to apply for mutation in your name at BBMP so that they will issue property tax in your name. 

Nagendra   29 July 2015

Hi,

The situation is :

The original owner of the site is dead. The GPA Holder is alive. The buyer is alive.

The Khatha issued by the concerned Village Panchayat is in the buyer's name. The buyer has paid property tax till date {first to the concerned Village Panchayat and then (after the area was placed under Bangalore Municipal Corporation : BBMP) to BBMP}. As per the BBMP website also, the concerned site is in the buyer's name. Encumberance Certificate shows the concerned sale deed details in favour of the buyer and then nil encumberance. The buyer also has a Sub-Registrar Office certified copy of the relevant GPA.

The original owner was alive when the sale deed was executed. But the original owner died 3 years back. The GPA holder is ready to co-operate but the concerned GPA has lapsed on the death of the original owner.

The legal heirs of the original owner seem to be non-co-operative and seem to be angling for money.

The schedule of the concerned GPA as well as the relevant layout map shows the correct 30'X40' dimension. But the sale deed shows wrong 40'X30' dimension. The entire area of the converted layout has been built-up with flats except for the site in question. Hence the current situation on the ground itself reflects the actual dimension of the site in question.

What options does the buyer have to get the details corrected? Is it possible for the buyer to perfect his title without the intervention of the legal heirs of the original owner ?

Regards,

Nagendra

 

 


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