BD02092004 (N/A) 14 May 2012

Clarification for sale deed schedule

I recently purchased a plot in Bangalore few months ago. However, I recently noticed that there is a small issue in the schedule.

While the site number and three of the boundaries are correct, one boundary, the site number to the north of my site is incorrect (most probably a typing error, mentoned as N+1 instead of N).

My seller had purchased this site from a developer 15 years ago, and his deed also has the same issue. The site was sold to me by the seller this year, and same error has been copied over to my deed. Interestingly, the bank's legal department also has not noticed this during their survey.

Now the questions

1. How serious an issue is this Can this jeoparadize my ownership of the plot?

2. Could the deveoper have registered the same plot to another person with the correct boundaries, or will a registrar be able to figure out if the same plot is being registered irrespective of the boundaries mentioned in the schedule.

3. Is there a need for this to be corrected? What are the consequences if not corrected.

4. If correction is required, what is suggested.

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1 Replies

Hemang (Advocate) 21 June 2012

First of all, request the Surveyor to map out the scheduled property. Get the certificate in relation to boundaries. If the three boundaries are matched, the fourth is bound to be contradicted by the certificate of Surveyor. By this process at least you can assert the fact that the error was pointed out to the Surveyor, but because the sale deeds are gradually done where bonafide mistake crept in, the consequence may not follow. Get an additional affidavit from the seller that he has specified the facts in the affidavit of what he was enjoying. Get prepared the exhaustive affidavit.

Thereafter make a deed for correction. Let the seller say that it was a mistake committed and hence amended. Please also place the certificate of the Surveyor appended with the deed of correction.