Hello,
I have recently (Sep 2011 )purchased a property (30X50 site in K R Puram BBMP limits )in Bangalore. It is B-Katha, and DC conversion is not done.
The layout is formed out of multiple(10~12) survey numbers and the site which I purchased is formed of 4 survey numbers.Schedule of the sale deed says like below: (Site number and survey numbers, village are not exact, just an example)
Site number 10 formed out of khatha number 30/31/32a/b situated in "village", K R Puram Hobli.
The seller gave us RTC and mother deeds of survey number 30 & 31 only and told, even though the 4 survey numbers are mentioned in sale deed, Site is located in one of first two only so the layout owner also gave copy of those two survery numbers to him.
I produced the document set to my lawer for verification and after a week he said title has no problem and collected fee also. ( He has not given any written legal opinion).Based on this we went ahead for registration and completed with out any problem in Sub-registrar office.
One month later, some litigation araised in adjacent layout as some one claimed anscestoral property.Then I thought of verifying my site documents again and checked with my friends and they insisted me to check all the survey numbers mentioned in the document.
When I checked it, the last two survey numbers doesnt exist in that village . The survey numbers 32a/b doesnt exist but 32-2a/2b exists in the name of Layout owner. So I concluded that there is a typing error in the document, and it can be cleared by rectification deed.
But the bad luck is, 32-2b is acquired back by government last year (Nov 2010) and the notice was sent to layout owner, and as on day the RTC stays on government. (Seller may or may not be aware of this )
I have paid entire sale consideration through DD's and registered site for full value. And Seller doesnt have any document to make it clear that my site is not formed in 32-2b which is governemnt land as on registration date. So the title is not marketable.
But one thing I am not clear is, how the registration accepted and done by Sub-registrar when there is no such survey number/katha number exists in that village/hobli.
1. Please advice me in what way I can ask the seller to make the title clear and marketable if the site is not in 32-2b.
2. If the site is in 32-2b and sold to me saying formed out of some other Survey way number, what kind of legal action can be taken on the seller and layout owner.
3. Is there any way I can insist my seller to reverse the sale deed and get money back ?
Thank you,
hoping your help and support on this
vpbabu
