Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sweet Sweet   07 November 2023

Rectification deed - unapproved plot registered by poa with wrong owner name and survey no

Person A is the land owner of survey no 10/1 and an agent (General Power of Attorney with permission to sign and register sale deed on behalf of land owner X for survey number 10/2 and land owner Y for Survey number 10/3) for the adjacent lands with survey numbers 10/2 and 10/3. They made plots on  10/1, 10/2 and 10/3 survey numbers together and sold it as a Nagar. It was an unapproved layout. 

Person A has the authority to sign and register all the plots from that layout as land owner for plots from 10/1 and as a Power of attorney for plots from 10/2 and 10/3(principals are different  for 10/2 and 10/3). 

When he sold a plot in survey number 10/2 to Person B in 2013, instead of registering the document as agent with Survey number 10/2, he registered it as the plot is from survey number 10/3 and he is the owner of that survey number(though he has only power on 10/3 and not the owner).

Person B did sub division from proper survey number 10/2 for this plot and obtained patta in 2015 though the property document had wrong survey number 10/3. Person B sold this plot to Person C in 2020. Now the Person C notices this mistake that instead of Person A registering the document as Power of Attorney with survey number 10/2, registered it as it is from his own land with survey number 10/3(though he should have registered it as agent). The plot is unapproved. 

One of the principal of 10/2 survey number died in 2022. So the power got cancelled for 10/2 survey number. In September 2023, Person A(Agent) registered General power of attorney for unsold plots from survey numbers 10/2 and 10/3 from the respective principal owners and recieved DTCP and RERA approvals. 

Some are saying this cannot be rectified and both the sale deeds have to be cancelled and new sale deed has to happen with original land owners. But patta is in the name of person B(the first sale deed buyer).

Please let me know how the person C(second buyer) can rectify the Survey number and owner details in the parent document(first sale deed).



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 November 2023

The buyer cannot rectify the error by himself, he has to approach his vendor who only can execute a recitifcaiton deed.

If the vendor also was not responsible for this error then he has to catch hold of his vendor.

Since the POA was not the owner and he had erroneously mentioned as owner instead of power agent and as the principal is reported to have died, the legal heirs of the deceased owner can execute the registered rectification deed. 

Sweet Sweet   07 November 2023

T. Kalaiselvan, Advocate  Thanks sir.. one of the document writer said, we need to cancel both the sale deeds as the POA signed the first sale deed as he is the owner of the plot instead of signing it as POA. Is that true? Please clarify.

 

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

The registered document already executed cannot be cancelled and the registrar has no power to cacnel the same.

If at all a cancellation is to be made it can be done only through court by filing a suit .

In this situation if the rectification deed can be a remedy and if it can take care of the issues then there is no necessity for cancellation


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register