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Surya (.)     29 July 2011

How to verify sale deed based on registerd document number ?

Hi,

We are planning to buy a Plot in Semmencherry. We have visited the property through a broker and get the legal documents copy for verification.

We came to know that there is small discrepancy in EC when compared to Sale deed.

The EC details are as follows.

  1. In 1980, Land is bought by Mr.Sekaran from Promoter
  2. In 2004, Mr.Subramanian (Principal) giving Power rights to Mr. Srinivasan (Power Agent) and selling land to Mr Sathish
  3. In 2006, Mr Sathish selling land to Mr Abdul


As per Sale deed copy the 2nd transaction is Mr.Sekaran (Principal) giving Power rights to Mr. Srinivasan (Power Agent) and selling land to Mr Sathish

When compared the Sale deed copy with EC we came to know that in 2nd Transaction details of EC, “Principal Owner” name mentioned is Mr. Subramanian where as in Sale deed it is mentioned as Mr. Sekaran.

When we asked clarification regarding this to Broker, he said Document Number in EC is same as Sale Deed Document number and hence it is Clerical Mistake in Government records. Also the Power agent and Seller name in EC is matching with Sale deed. Rest of the Transactions in EC is matching with Sale deed. Broker is showing Patta is in the Name of Mr. Sekaran

Broker is saying that he will get it corrected in Government records of EC by showing Original document to Sub register office. Is this an acceptable one from Buyers Perspective?

Is there any way to Verify the sale deed based on the registered document number @ Taluk / Sub Registar office? If so please let me know the procedure?

Broker is also agreeing to get Patta Name Transfer done in the Name of Mr. Abdul (Present Owner) from Mr. Sekaran.

Is it possible to verify the Patta Name Transfer document in government records? If so please let me know the procedure?

Please let us know what are the other factors needs to be considered before buying the Land?

Please advice.

Any Input is highly appreciated.

Thanks and Regards,
Surya



Learning

 5 Replies

O. Mahalakshmi (Law practiece)     29 July 2011

It is very better to consult an Advocate

nithyarangasamy (legal trainee)     29 July 2011

hey,

its true our govt officials are making like this mistakes and its is also possible to correct the mistake by showing the original documents in registrar office. so u can accept it and also for ur satisfaction u put another EC. then regarding patta if u know the patta no means u can seeand take print of previos land owners name in the govt website itself. after all these things u approch an advocate and clarify that the previous owners original document found to be in order.

 

Nagaraja kumble (Advocate)     02 August 2011

Dear Mr.Surya.

Yes, in rare occasion there will be clerical mistakes while entering the information in registers. And the corrections can be done by producing the original documents. But , in your case, don't proceed , wait till the  corrections happen. Once you are clarified & confirmed with the EC ,then prceed.

Warning: Be carefull while investing your hard earned money on property. If you have any doubt , not confident about the documents, avoid it. Always go for a clear documents. Consult a good lawyer. Don't try to avoid fee for legal advice. Because you are investing a big some of money. Good Luck.


 

tranqueel (None)     11 August 2011

If you do not mind telling it, could you please tell the Survey Number of the land and whether the land is part of any layout.

In Semmancherry, many of the lands near Jeppiar Institutions/DLF/TNSCB Tenements are subject to acquisition proceedings. So please check with CMDA.

In case of few old layouts, I have come across cases where the lands sold during late60s/early 70s by Sale Deeds executed by the owners being again sold during 80s/90s by Power of Attorney Holders claiming to be on behalf of the Owners/Legal Heirs.

So be careful to check all data. It is always better that you obtain an EC on your own. It is safer then relying on an EC provided by the broker. Also please always take an EC for much ealier/longer period then the first transaction mentioned by the brokers.

 

MUBARAK K (ADVOCATE)     28 November 2011

you are investing huge sum of money to purchase the property, but not willing to pay a smaller amount for advocate for scruitnisation of document.  Since i am residing near by semmancheri, be carefull there has been a lot of survey numbers under the land acquisition act. Be careful, advocatemubarak@gmail.com


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