Rao (Retired) 18 July 2014

Mother deed dt 22may1997 has interchanged 2 boundaries details

I purchased a property on 13Aug12 from a party XX but the deed has an error in the schedule boundaries directions.. East by and West are interchanged. unfortunetly I realised only now (after 2Yrs) when i applied for a plan.

Later surprised to see that the mother deed ( When my previous owner XX purchased from the Land Owner YY on 22May1997) also has the same problem.

East by : Road & West by : Site No 150 which according to the layout plan and ground realities it is East by: Site No 150 & West by Road

Now my previous owner XX is ready to come and make the rectification deed but since the error is also on the mother deed hence was insisting to get the mother deed also rectified but the Land owner YY now is demanding an amount of Rs. 4Lakhs from my previous site owner XX . Landowner (YY) clearly states that he had sold in 1997 at a throw away price and added to this their are several legal cases he is attending on the same Survey no's pertaining to my site which is an additional expenses hence until my owner XX pays him the amount he will not come and do an rectification deed. It appeared to me that this error was made intentionally by YY as the problem is only with East and West and not with all the boundaries

Following are my queries

1) Can i not make an Rectification deed with my previous owner who sold me the property and end the matter.

2) How will the law treats our rectification deed if the land owner after receiving the amount, agrees to make rectification deed after 17 Years. will this be still viable ??

3) Will the land owner who sold the site to my earlier owner can come and trouble me.. if so than what is that i need to do to safe guard my property.

4) Do i need to hold my construction till all this is resolved or start my construction.

5) After the demises of the land owner will his kit and kin can come and claim the property..

would appreciate your expert inputs , I am available on my mail-id Prabhakarrao.cm@gmail.com for any further clarifications ..

Regards..Rao

Reply Follow

5 Replies

T. Kalaiselvan, Advocate (Advocate) 19 July 2014

1) Can i not make an Rectification deed with my previous owner who sold me the property and end the matter.

The previous owner can execute a rectification deed but what is the proof he has to show that the present sale deed has an error in respect of the aspect being observed now? The Mother deed is the right document here to notify the error in the present sale deed and as per that only a rectification deed can be executed. the previous vendor can make an affidavit based on the mother deed mentioning the error that crept into the sale deed at the time of his purchase and since the whereabouts of his vendor is not known, on th basis of this affidavit he is ready to execute a rectification deed, hope this will suffice and solve your issue.

2) How will the law treats our rectification deed if the land owner after receiving the amount, agrees to make rectification deed after 17 Years. will this be still viable ??

If the original owner agrees to execute a rectification deed in favor of your vendor and subsequently your vendor executes a rectification deed in your favor on that basis, it can be held as valid document provided all of them are registered before the concerned registrar..

3) Will the land owner who sold the site to my earlier owner can come and trouble me.. if so than what is that i need to do to safe guard my property.

The original owner who alienated the property through a registered sale deed earlier has got no rights over it after execution of registered sale deed in favor of the buyer.

4) Do i need to hold my construction till all this is resolved or start my construction.

Don't withhold the construction work for this reason, you can proceed.

5) After the demises of the land owner will his kit and kin can come and claim the property..

No, they do not have any rights on the property that was sold by a proper sale deed to a third party by their father.

Rao (Retired) 25 July 2014

Dear T. Kalaiselvan, Advocate

Thanks for your reply, I did met the yy (land Owner) he is still bent upon the amount & not ready to negotiate .. He has also asked a set of xerox copy of all our documents. I was also been told that they can trouble us by showing some agreement which without the knowledge of my owner they would have got it signed hence most of them are asking to close the issue by paying him his demand.. I am confused ..

Rao (Retired) 27 July 2014

What if the land owner who sold to my owner is no more (Dead) then in this senerio how my sale deed can be corrected so that i will be able to sell the property without any issues raised/posed by the buyer ..

Experts advise is appreciated..

T. Kalaiselvan, Advocate (Advocate) 27 July 2014

The LRs of deceased vendor can execute the rectification deed. If they also refuse, you may file a declaratory suit to declare the correct boundaries of the purchased property due to erroneous boundaries mentioned in the sale deed and since the original vendor has died and his LRs are not traceable or they refuse to rectify. Consult a local lawyer and proceed as per his further advise.