Hello,
My wife registered a property (an apartment) in her name around 2007-2008 (CHENNAI, MADIPAKKAM VILLAGE, Velachery SRO).
However, recently we identified that the Schedule mentioned in the sale deed seems to be incorrect.
Actual issue:
Total land size was 4437 Sq.ft divided into two plots by builder. Plot A - 2307 Sq ft and Plot B - 2130 Sq ft. Each plot had 4 houses.
We took an undivided share of 511 sq ft in Plot A. However, in the Schedule A, B of the sale deed, we found that the details refer to "Plot B" and not "Plot A". This includes total square area of plot, 2 boundaries has been mentioned incorrectly including dimensions.
Upon checking in EC, we found that Plot A has 3 houses and Plot B had 5 houses, (our house which is supposed to be in Plot A is in Plot B due to the above mentioned error).
When checked with the builder he simply said its a typo error on his side and it was purely BUYER's fault for not having verified the details, whereas in reality, i understand that the builder never disclosed PLOT A, PLOT B to any of the buyers.
I wish to understand how this problem can be corrected. I checked with a lawyer through a friend of mine. He was telling me that he spoke to "Sub Registerer" and he in-turn mentioned that this is quite a complex issue and may need to take advice from DR, etc.
To shorten the process, the lawyer was suggesting that i close my home loan, get the documents released from the bank, cancel the existing sale deed and do a fresh one.
I am not in a sound financial position whereby i can pay the home loan and get the documents released now, nor do i have money to pay for fresh registration once again that may attract higher charges now due to revised guideline value.
Could the esteemed lawyers from this group provide me a solution for the same? I am ready to send the documents in private (if requested) for your reference and advice.
Looking forward to hear from you !!
Thanks,
Ananth
