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PEER MOHAMED (PROPRIETOR)     14 November 2011

Rectification deed only by 1st vendor who committed mistake?

DEAR SIRS,

GOOD DAY!

CAN YOU PLEASE CLARIFY ME, IF THE SURVEY NUMBER IS WRONGLY WRITTEN BY THE FIRST VENDOR AND CARRIED FORWARDED WITH THE WRONG SURVEY NUMBER IN ALL SALE DEEDS / CONVEYANCES MADE BY THE CONSECUTIVE SUCESSORS TILL DATE FOR THE PAST 36 YEARS UPTO FOUR TRANSACTIONS UNTIL THE FOURTH HAND, NOW HOW TO MAKE THE RECTIFICATION OF THE CORRECT SURVEY NUMBER IN THE NEW SALE DEED, WHICH I AM PLANNING TO PURCHASE?

WHETHER IT HAS TO BE DONE BY THE FIRST VENDOR, WHO COMMITTED MISTAKE OR IS THAT OK, IF THE PRESENT TITLE HOLDER DOES THE RECTIFICATION IN THE NEW SALE DEED TO ME ITSELF, AS ALL THE PREDECESSORS ARE NOT TRACEABLE?

FOR YOUR INFORMATION, PLOT NO. IS PROPERLY MENTIONED, BOUNTRIES AND AREA ARE OK. AS PER THE PLOT NO., EXTENT OF AREA AND THE BOUNDRIES MENTIONED IN THE DEED AND AS WELL BY POSESSION, THE SURVEY NO. IS 44/1, WHICH WAS CONFIRMED BY THE REVENUE DEPT (SURVEYOR), WHERE AS, IT HAS BEEN WRONGLY MENTIONED AS 43/1B IN THE SALE DEED BY THE LAY-OUT PROMOTER IN HIS FIRST TRANSACTION ITSELF, WHICH IS SIMPLY CARRIED FORWARDED BY ALL OTHER SUCESSORS ALSO, WHICH NEED TO BE RECTIFIED NOW, WHERE AS THE LAY OUT PROMOTERS HAD BOUGHT BOTH THE LANDS OF ABOVE SURVEY NOS., WHICH ARE ADJACENT TO EACH OTHER AND THEN DIVIDED INTO HOUSING PLOTS OF SMALL AREAS. KINDLY EXPLAIN THE PROCEDURES TO FOLLOW IN MAKING THE SALE DEED IN MY FAVOUR WITH THE SURVEY NO. RECTIFIED / CORRECTED TO ENABLE ME TO OBTAIN PATTA AFTER REGISTRATION.

AWAITING FOR YOUR PROMPT RESPONSE BY RETURN AND THANKING YOU IN ADVANCE FOR YOUR VALUABLE TIME AND ADVISE.

THANKS AND REGARDS,



Learning

 5 Replies

K. GOPALAKRISHNAN (ADVOCATE)     16 November 2011

Dear Peer Mohammed,

When was the last transaction took place?

PEER MOHAMED (PROPRIETOR)     16 November 2011

Good day!

For your information, the mistake was committed by the layout promoter in 1975, when he sold the particular plot (plot no.109) to his purchaser, which plot is actually situated in s.no.44/1, whereas it was mistakenly registered as 43/1B, which is the s.no of the adjacent plot of the same vendor and also a part of the same layout, but, not of the particular plot. The next transaction took place in Jan 2006, which purchaser has sold the property to another party during Mar 2011,  in a very short span of time, i.e., with in two months, as he was refused Patta by the Revenue Dept. Now, the fourth party i.e., the one bought the property in Mar 2006 is negotiating with me. The plot number, area and boundries are correct in all the documents, except carrying forward the same mistake of mentioning the wrong s.no as 43/1B, instead of going for an rectification deed. Now, kindly advise me the procedures to be followed and actions to be taken to get the s.no corrected / rectified sale deed in my favour on my purchase. Whether the present title holder, my would be vendor shall include the actual s.no., in addition to the existing s.no in the document to make both the s.nos to be appear in the new sale deed to me. Will that be ok, legally? For getting Patta, that is OK, the Revenue people said. But, how for the title? Kindly explain me in detail. Thank you very much for your kind advise.

K. GOPALAKRISHNAN (ADVOCATE)     16 November 2011

Rectification Deed may be registered now by incorporating all the transactions in respect of the plot, in the recital of the Rectification Deed and survey details i.e., both the correct and wrong survey nos. may be strongly mentioned in the schedule of the rectification deed.  Stamp duty for rectification is calculated by subtracting the last guideline value from the present guideline value/per sq.ft and mutiplied with the total extent of the land.  Necessary Registration fee will be collected from you.

Regards

Gopal

PEER MOHAMED (PROPRIETOR)     16 November 2011

Thank you very much for your prompt response. What I have done is that in the new sale deed to be registered in my favour, I have brought in the full details of previous transactions until the proof of purchases of both the lands of s.no. 44/1 & 43/1B by the layout promoter, established the mistake done by the layout promoter and included both the survey numbers in the schedule, as plot no. 109 in .... nagar comprised in s.nos 44/1 & 43/1B, instead of exchanging s.no 44/1 against 43/1B. Is that right? Secondly, as it is going to be a new registered sale deed (with the addition of s.no with the existing one), where we are going to pay the stamp duty and registration fee, whether any additional fee to be paid for the rectification / declaration done in the sale deed? Please reply me by return. Thank you.

Cruize (End User)     10 March 2015

Can some please confirm the details given by Peer Mohamed? I'm into similar situation and need to know what he has done is correct.

Will that create any issues when selling the land in future? 

Please help.


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