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Arun Kumar (Manaer)     07 August 2013

Schedule correction on registered sale deed

Dear experts,

 

I purchased a revenue site from a local layout developer in 2002 in Bangalore. I possess the sale deed and have paid up-to-date taxes for the same under the local corporation office limits.

The layout owner had provided a copy of the layout plan (unapproved) where my site number has been marked.

I intend to sell the site now to a prospective buyer who identified a difference in the schedule w.r.t to the layout plan. The site numbers mentioned towards north and west directions are wrong (instead of the next site, the second site next to mine has been mentioned)

Next to my site, a house is already constructed and the site next to it is also constructed. Also, the layout is changed and is no more in line with the plan document provided to me.

Now, before i sell, the buyer wants the schedule correction to be done. But the layout owner who sold the site to me is not approachable.

Is there a way to get the schedule changed legally at the registrar's office without the presence of the earlier seller?  Alternately, is there a way I could provide any further written assurance to the buyer with teh corrected schedule? Of course, I shall take care of mentioning the right site numbers in the schedule that I am going to prepare, when the sale deed is given to the new buyer.

Please suggest a suitable legal process to be followed, to solve my problem.

your suggestion would be of great help indeed

thanks in advance

Regards

Arun



 4 Replies

Hemang (Advocate)     07 August 2013

The word used in your contents is to the effect that the Developer is not "approachable". So, that would mean that the Developer is available, but would not like to see you. There is a difference between the word "approachable" and "not traceable". Is it that he is not traceable? Has he gone away somewhere and that it is otherwise impossible to get his proper and established contact? You may ascertain as to whether it was human error with regard to arithmatical figure, or that a systametic and organized fraud is committed with you.  However, clearly note that nothing can be done to rectify the property schedule, unless the person who executed and registered the Sell Deed is available for entering into a deed of rectification before the office of the Registrar of assurances. 

 

You have to "convey the immovable property" to the prospective buyer for which you are transacting. The Schedule should telly with the physical possession of the immovable property. I think, unless the deed of rectification is executed, rectifying the human error, legally speaking, it would be a hard time for you to execute the document containing the right number. The record will be full of contradictions. However, if you have possession of your particular property, you may clarify with the Buyer and execute the documents, if he is prepared along with the indemnity bond indemnifying the Buyer for "future risk", if arises.  

Advocate Sastry (Advocate)     07 August 2013

Agree with guidance given by Adv. Hemang.... You try to convince the new buyer that the mistake will be rectified by filing Rectification Deed... If he is eager to buy the property let him take indemnity from you.

Arun Kumar (Manaer)     08 August 2013

Dear Mr Hemang, Thanks for your reply. 1) The developer has grown big in the last 12 years and is now not interested in helping me. He is indeed available. 2) I do have the possession of the peoperty and its original sale deed. I recently paid the taxes and also obtained 25 yrs' encumbrence certificate as well. 3) There is no point in referring to the plan given to me during the sale, as the layout is changed now. but I dont have the revised plan too. 4) I shall approach the buyer and check if he is willing to proceed by accepting an indemnity bond.

Arun Kumar (Manaer)     08 August 2013

Dear Mr. Sastry, thanks for your response too.

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