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Nagarjuna   09 December 2020

Seller not ready to execute rectification deed

Dear Learned Counsels,

I have bought a property and got it registered in bangalore in 2014. Later when I went to revenue authorities for mutation of my name in revenue records, I was told that it can't be done as the registration happened after a cut off date to have E-Khata. All the property registrations that happened after June 2013 shuld have an existing E-Khata on seller, which in case of my seller she did not have. At the time of sale, my seller do not have E-Khata on her name and the revenue department asked me to get the khata on her name first and then do rectification deed. Initially the seller agreed for the same and hence I went ahead to get the khata in her name. Now after getting khata in her name, she is reluctant to travel to Bangalore to execute rectification deed. Instead she is saying she will issue POA on her husbands name who will execute the rectification deed on her behalf.

Questions I have are:
1. As they are in chennai now, POA given to her husband registered in Chennai be valid to execute rectification deed by husband in Bangalore?
2. Can the POA sign rectification deed? Sale deed was signed Owner.
3. If POA executes rectification deed, will there be any problems in future?
4. What is the course of action left for me to make he seller execute rectification deed instead of POA(her husband)
 



 6 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 December 2020

If Katha was not there the Government should not have registered the property and stopped change of ownership on the day of your purchase itself in 2014.  You may consider the filing of a case against the Government, Registration Authorities, Municipality, and the previous owner to get the matter resolved through Court. You may contact a competent and reliable Lawyer in your area and consult and take his advice on the above lines suggested.

BS Rangi (President)     11 December 2020

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
If Katha was not there the Government should not have registered the property and stopped change of ownership on the day of your purchase itself in 2014.  You may consider the filing of a case against the Government, Registration Authorities, Municipality, and the previous owner to get the matter resolved through Court. You may contact a competent and reliable Lawyer in your area and consult and take his advice on the above lines suggested.

 

Dr J C Vashista (Lawyer)     11 December 2020

The property is stated to have been purchased in the year 2014 after transfer of revenue records to electronic form (e-khata) in 2013 i.e., why did you not check the fact finallisation of transaction and registration of Sale Deed ?

You want to get mutation sanctioned in 2020, why now ?

It is better to consult and engage a local prudent lawyer for appreciation of facts/ document, professional advise and necessary proceeding.

 

P. Venu (Advocate)     11 December 2020

To my knowledge, there cannot be any constraint in the PoA executing the rectification deed. Please verify with the SRO or a competent document writer.

Furthermore, mere administrative arrangement facilitating digitization is inadequate ground for refusing to carry out mutation on the basis of a registered conveyance deed. The objective of digitization is towards citizen-friendly governance, not in harassing them or making them run from pillar to post.  

Nagarjuna   12 December 2020

Thank you all for your learned advice.

@SIVARAMAPRASAD KAPPAGANTU - Thank you for your advice. Getting to the court is the option I am having as last resort. Given the situation I am in personal front, can't afford to handle this thing through the court.

@Dr J C Vashista - Thank you for raising the point. I have asked the same from concerned authority. They have given me a khata which is manual and made entries in their register soon after the registration. Suggested me to hold a bit as the area this property is in may come under city limits, once it comes under city limits a new set of Khatas will be created and can get everything sorted out then. People in the office even now suggest me not to be worried as tax receipts are on my name and in their manual register also my name is there.But as I am planning to sell now, registrar mentioned that e khata is mandatory for me to sell the property. Sub Registrar mentioned the same that if I am going to hold on to the property, there is no worry for me as tax receipts are in my name with a registered sale deed.

@P Venu - Sir, thank you for your learned opinion. I checked with sub registrar and he mentioned that POA can execute rectification deed. I also agree that a mere digitization process is holding me back fromm selling the property.

I am also planning to take this issue at a highest level in the authority to make sure others also don't go through this hassle and a way around is set up for this.

 

Regards,

Nagarjuna

Shashi Dhara   05 January 2021

File suit for rectification of deed in competent court,if they deny to rectify.


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