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Basavaraju A (des)     28 July 2011

Owner ship issue with survey numbers

I am planning to purchase a plot#405 which comes under gram panchyat.
As per the records, Suresh is the registred owner of survey number 212.
Later Suresh formed a layout and sold piece of property plot# 405 to Samuel and executed a registred Sale Deed in favor of Samuel and plot boundaries mentioned in Sale Deed are North by road, east by road, west by 404 plot, south by 424.

When land survey is done, I came to know that plot# 405 is not part of survey number 212 but the it is part of different survery number 211 and it's owner is not Suresh (211 belongs to another party Jagadish)

Now Samuel is ready to execute Sale Deed and Jagadish is ready to sign as witness as confirming party in the Sale Deed on favor me.

Please advise is this approach legally correct and what are the legal issues I have to face in future, any issues if I apply for home loan in future?

Many Thanks

Basavaraju A



Learning

 2 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 July 2011

it is advisable to get executed a rectification deed by suresh, if possible make the two others as witness.

As the mistake occured in the deed executed by suresh and he is the right person to rectify it.

Basavaraju A (des)     29 July 2011

Thank you Sajeev for prompt response. Since suresh is not the owner of survey no.211, is it possible to execute rectificction deed by suresh? Thanks

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