Rectification deed in a sale deed containing two plots

If the revenue records pertaining to the extent of property are not matching to the records as per layout approved by DTCP, you have to ascertain the details that how, where and what went wrong.

If you have already purchased the property by paying the stamp duty to the extent shown in the sale deed, you confirm the extent by surveying the property and measuring the same through government surveyor comparing to the revenue records and plan to rectify the error if you find any error.

Thanks for replying sir.. T. Kalaiselvan, Advocate .. As per survey number it has 30X50. But the land owner gave common path way. He should have excluded this pathway area and obtained DTCP approval. But including this pathway area he got approval for this plot. So instead of 20x50 it is mentioned in DTCP as 30X50. Now the 1st buyer bought this plot for 30x50 and got patta subdivision done which is matching DTCP. Now his patta includes the plot area on bhoomi 20X50 and common path way area 10X50. Can we buy this plot as a second buyer? Please clarify.

You do not have to pay for the pathway  i.e., to the extent of 10 x 50, because it is not the property included in the totla property to be sold.

The pathway has to be transferred by the original owner to the government by executing a registered gift deed . 

Therefore the buyer need not pay for the property which he do not own/buy. 

Your property will actually measure 20X50 only if the pathway is excluded. 

You can proceed if the seller is ready to accept the sale consideration amount to the extent of 20x 50 alone, if he refuses to accept it and demands payment for the total 30x50, then you can reject the offer and look for some other property which is genuine.  

You may better obtain a proper legal opinion from a local experienced lawyer before paying any amount towards advance too. 

Yes, Sir T. Kalaiselvan, Advocate.. we are not paying for 10X50.. But the 1st sale deed and DTCP approval will have 30X50 as measurement. When sellling it to us they will mention 20X50 in bhoomi. So the patta will be still in the name of first buyer for 10X50. This will not create any problem if we buy? Can the 1st sale deed be rectified? if so may i know if it involves stamp duty as that sale deed has two plots out of which only for one of the plot rectification to be done. Please help in clarifying.

Without getting the rectification deed to the 1st sale deed, it will lead to many problems legally also.  Without pathway, the actual measurements are 20X50. So as advised by the learned expert Sri T.Kalaiselvan Sir obtain a legal opinion by showing all the relevant documents and papers. 

In my opinion you should approach an experienced lawyer in the local, discuss the subject at length and proceed as suggested.