Hello Lawyers,
Just a background information for the query: I bought an unapproved (Panchayat approved land) plot from a newly formed layout in 2014 in chennai, tamilnadu. Subsequently, I got the DTCP approval and got patta in my name with survey number subdivided, specific to my property. All was well until I tried to sell my property. I noticed that the plot boundary on the east and west side in the sale deed in interchanged (under schedule of the property section of deed).
As per sale deed the road is on the EAST side of plot and west side there is another plot in the layout,
where as ACTUALLY as per the layout plan (which is part of the sale deed), the road is on the WEST side of the plot.
Rest of all the details are accurate including the plot dimensions, other details etc. The typist has inadvertantly interchanged east boundary with west boundary and I failed to notice it for past four years.
Now my situation is:
1. The original layout promoter who was holding the POA for the layout and who signed my sale deed is not traceable, and his POA was also cancelled subsequently two years back by land owners ( I found it via EC for remaining unsold plots in the layout).
2. The remaining un sold plots are now in one of the owners name as POA. However, they are saying they cannot do anything as the sale deed was executed by the promoter and not by them. Also if insisted they are saying they can sign rectification deed for a hefty fee if I agree. But I dont think that will be valid in the absence of original signer of my sale deed.
My question is:
1. Can I sign a declaration in Rs 100 stamp paper stating the correct info and get it registered with my signature alone, as the previous POA signer is not traceable?
2. OR, Can I sell the land as it is and then, as a previous owner, I can sign a rectification deed for my buyer?
3. OR, Register a gift deed to my wife with correct details, and then sell the land with gift deed as parent document?
If rectification deed is the only way, how much stamp duty should be paid and how to register it in the absence of previous POA seller?
Please suggest the best and cost effective way forward, considering tamilnadu registration act formalities.
Regards,
Vasanthraj.C
