Prabhushankar (Taxpayer) 08 June 2010

error is schedule of property

Hi,

I am planning to buy a property, and its title deeds are as follows

1. Plot alloted by a society in 1978, through a registered sale deed to one Mrs.Madam

2. in 1980 Plot was sold through a registered sale deed from Mrs Madam to Mr.Sir

Now the issue

In first slae deed, the plot size is measured as 60x40 (documented as E-W 60 feet and N-S 40 feet)

Where as in second deed, it is mentioned as 40x60 (documented as E-W 40 feet and N-S 60 feet)

Where as the actually plot size is 60x40 (E-W 60 feet and N-S 40 feet)

Mr.Sir is no more and his family owns it, from whom I am planning to buy

No idea to any one where is Mrs madam (she may not be alive, considering she would be atleast 85 now, if alive )

Now is it an issue, and if so how to correct it.

regards,

-manju

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4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 09 June 2010

what the encumbrance ceritifcate says. have you verified any mutations hat in EC?

Prabhushankar (Taxpayer) 09 June 2010

The EC reflects 60x40 and 40x60. I am not sure what is mutation certificate.

Present owner has pledged the property twice with Bank and Govt(he was a Govt employee), every time it has shown as 40x60(wrongly, assuming teh representation is as NS x EW).

I don;t know what is mutation.

regads,

-manju

Prabhushankar (Taxpayer) 09 June 2010

Few more information, Mrs.Madam is no more and she has only one daughter, whom I was able to reach out, fortunaetly she is stays within 10 kms of my house. Since I have sale agreement, with Mr.Sir wife and children, regestered, is it advisable to get teh rectification deed done from Mrs.Madam's daughter?

Appreciate the response from the legends here.

regards,

-manju