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ashish (engineer)     26 December 2013

Sale deed having direction details wrong

Hi All Experts,

    I need your guidance, i am in talk to party selling the plot but i noticed that in the sale deed document 30*40 plot direction is mentioned wrongly as North to South - 40 ft ( but actually its 30 feet) and East to west - 30 Ft ( but actually its 40 ft) but all the boundary details, size etc have been defined fine, is it fine to proceed with the details? can i correct the same in my new sale deed format or agreement to sale will that be fine and enough ?

 

Rgds,

ashish



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

You have to rectify the check boundaries of your property if it is not as per the original schedule then only it becomes proper for sale or to enter into a sale agreement.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     27 December 2013

DEAR MR. KALAISELVAN

                                           WHAT YOU HAVE STATED IS ALSO MY OPINION . YOU HAVE SAID THAT A RECTIFICATION DEED MUST BE REGISTERED AGAIN BY THE BUYER AND THE SELLER . IF THE PROPERTY WAS PURCHASED LONG BACK , WHERE TO FIND THE SELLER . ALSO THE SELLER MIGHT HAVE DONE THIS PURPOSELY , SO THAT WHEN THE BUYER SELLS THE PROPERTY HE MUST GO TO HIM FOR THE RECTIFICATION DEED AND WHEN THE BUYER GOES FOR HELP , THE PREVIOUS SELLER MIGHT DEMAND MORE MONEY FOR GETTING IT RECTIFIED . 

          INSTEAD THE PRESENT SELLER CAN APPLY FOR A CERTIFIED COPY OF THE PREVIOUS OWNER OF THE PROPERTY WHO SOLD IT TO THE PREVIOUS BUYER FROM WHOM HE BOUGHT THE PROPERTY AND ALSO THE PATTA COPY TO FIND OUT THE EXACT EXTENT OF THE PROPERTY . ON THE OTHER HAND , THE QUERIST CAN APPLY FOR THE ENTIRE LAYOUT AND FIND OUT THE EXACT EXTENT OF THE PROPERTY AND ASK THE PRESENT OWNER OF THE PROPERTY TO REGISTER A RECTIFICATION DEED INCORPORATING ALL THE DETAILS AND THE RECORDS AS PER WHICH THE PROPERTY MEASUREMENT IS AS DETAILED BY THE QUERIST AND BASED ON THESE TWO DOCUMENTS HE CAN SELL THE PROPERTY TO THE PERSON WHO WANTS TO BUY IT NOW. I HOPE THIS IS THE ONLY OPTION AVAILABLE , IF THE SELLER REFUSES TO EXECUTE A RECTIFICATION DEED .- JOSEPH WILFRED - 27/12/2013 AT 20.11 HRS 

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     28 December 2013

                       

                    File a Declaration suit  at your local civil court  court will give direction to the subregistrar to rectify the document or court will  give you  declaration order 

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     28 December 2013

DEAR MR. JAYAKUMAR

                                         THANK YOU FOR YOUR OPINION IN THIS MATTER . I WANTED A CONFIRMATION FOR MY OPINION GIVEN TO MR. ASISH IN THIS MATTER AND NOW YOU HAVE ENLARGED IT BY GIVING A SUGGESTION TO APPROACH THE COURT FOR RECTIFICATION OF THE MEASUREMENTS . BUT WE HAVE TO PRODUCE THE EVIDENCE DOCUMENTS TO GET A COURT ORDER . NOW A DAYS SUCH MATTERS OCCUR , IN SOME CASES IT MAY BE AN ERROR BUT IN SOME IT IS WANTON TO EXTRACT MORE MONEY FROM THE BUYER AT A LATER STAGE . - JOSEPH WILFRED - 28/12/2013 AT 18.04 HRS.   

ashish (engineer)     31 December 2013

Thankyou all the experts for your valuable suggestions. I will be communicating the same to seller but seller mentioned that he does not have very good relation with the orginal builder or seller & he might not come for the same. What documents are required for doing rectifcation deed? do the orginial Seller ned to be physically present in the sub registrar office or he can sign on the rectifcation deed in his office and we can do the registration of the same later? do we have to attach all the documents again with rectifcaiton deed or only old sale deed is enough?  If

If original builder is refusing to come then as Mr jaykumar mentioned if we go for declaration suit how much time does it take for the court to order the same and what is the expenses involved?

Rgds,

ashish

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     02 January 2014

DEAR MR. ASISH

                             ALREADY MR. KALAISELVAN , MYSELF AND MR. JAYAKUMAR HAD CLEARED YOUR DOUBTS . I KNOW THAT THE ORIGINAL SELLER WILL NOT COME TO RECTIFY THE DOCUMENT .THEREFORE I SUGGESTED YOU TO APPLY FOR A CERTIFIED COPY OF THE PARENT DOCUMENT OF THE PROPERTY YOU ARE GOING TO PURCHASE . THEN YOU CAN GET A CERTIFIED COPY OF THE ENTIRE LAYOUT FROM THE OFFICE OF THE DIRECTOR OF TOWN PLANNING OR THE METROPOLITAN DEVELOPMENT AUTHORITY IF IT IS A METROPOLITAN AREA . YOU APPLY FOR AN ENCUMBRANCE CERTIFICATE FOR THE PARENT DOCUMENT . THEN YOU APPROACH THE LOCAL COURT AND PREPARE A PETITION IN THE NAME OF THE SELLER WITH ALL THE SUPPORTIVE DOCUMENTS REQUESTING THE COURT FOR A DIRECTION TO THE SUB REGISTRAR TO INCORPORATE THE RECTIFICATION .THE SUB REGISTRAR MUST BE THE RESPONDENT AND YOUR SELLER MUST BE THE PETITIONER . IF THE COURT GIVES AN ORDER TO THE SUB REGISTRAR TO INCORPORATE THE CORRECT DETAILS , THEN YOUR SELLER MUST PREPARE A RECTIFICATION DEED AND ENCLOSE THE COURT ORDER AND SUBMIT IT TO THE SUB REGISTRAR FOR REGISTRATION OF THE RECTIFICATION DEED . ONCE IT IS REGISTERED THE CORRECTIONS WILL BE MADE IN THE DOCUMENT WHICH YOU ARE GOING TO PURCHASE . CORRECTIONS WILL NOT BE MADE IN THE DOCUMENT ALREADY REGISTERED . TO CONFIRM THE CORRECTION , YOU APPLY FOR AN ENCUMBRANCE CERTIFICATE FOR THE PROPERTY YOU ARE GOING TO PURCHASE . YOU ALSO APPLY FOR A CERTIFIED COPY OF THE PROPERTY DOCUMENT WHICH YOU ARE GOING TO PURCHASE . IN THAT THE RECTIFICATION DEED WILL FIND A PLACE . THEN YOU BUY THE PROPERTY .- JOSEPH WILFRED - 02/01/2014 AT 18.51 HRS.    

Suresh   23 July 2018

In My Case, The Boundaries were mentioned properly in the Sale Deed Document, but when i checked the EC after the registration the boudaries showing differntl plot numbers for the same Sale deed number. When asked with the SRO, they accepted orally that its a miskae with data entry, and it will take time to correct it.

I am worried as it is a GP Farm land. The SRO guys not givving written confirmation or not correctingthe mistake. What to do, please suggest?

This is Jadcherla SRO, Telangana.


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