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mahesh (partner)     29 September 2014

Validity of a sale deed and contents therein

hello sirs,

my name is mahesh. i am from dilsukhnagar, hyderabad.

i have a legal query, please give me an advice.

i have bought a an open plot in hayathnagar.  there are eight link documents in all.  it was first registered in 1988 to one person.  the person who sold me the plot did not hand over the original deeds. instead he gave me certified copy of the first link but gave me all originals there from.

the person who sold me the plot is arguing that if a person holds a property for more than 15 years, there will not be any problem and as such no problem will arise. will there be any problem, if i want to avail a bank loan to construct a house thereon.

another thing is the dimensions of the plot were wrongly mentioned in the first document.  later the plot changed hands three times.  after the fourth sale, the first seller executed a rectification deed, changing the dimensions of the plot.  the same was not done by the other three vendors. is it okay, if the later three sellers did not rectify or should all the later sellers rectify their deeds.

please let me know what to do ? 

thanks,

umamaheswara rao.



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     04 October 2014

When a land is subdivided, and sent for approval from govt agencies, it is quite natural that all the purchaser wont have the privilege to have mother documents of the land. They can only view it and can take certified copy of the same. In your case, correct me if i am wrong, u have collected all the originals except mother document, if that is the case. it is not a problem. coming to your next question, rectification deed done on boundaries, please see whether it was done by the first purchaser, because he has the privilege to interact with the original land owner, if that is the case, you need not worry. Please check revenue records are corrected accordingly to the documents.i.e., as per rectification deed. and check whether it has been obtained properly.

mahesh (partner)     04 October 2014

sir,

thank you very much for the response.

to put it a little more clear, the land was first divided into plots in the year 1987 and then first document of this particular plot was executed in the year 1988, which is missing now.  later the first buyer sold the plot to another person in the year 1999 and then the property changed hands five times.  all the originals are there except the 1988 document. 

with regard to the rectification, it was done by the landlords, who divided the land into plots. the first document was made 1988 and rectification was done to this document in the year 2007.  in the meantime, the property was already changed hands four times.  should all the vendors till 2007 rectify the correction or the first one is sufficient even after the property changed hands.

thank you once again.

mahesh.


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