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I intend to purchase residential land. After initial due diligence, it has been noted that in GPA the unit of land measurement was incorrectly mentioned as 2.12 cents against the actual 2.12 acres for that particular survey number in which my intended plots are located. All other survey number's size are also incorrectly mentioned as above in the GPA. The size was correctly mentioned as 2.12acres in the sale deed, EC, 'A' register and patta. Current owner (CO) bought lands from person A through power agent person B in 2003. Person B is no more now and person A's whereabouts is unknown. Later, CO made layout comprising of few more survey areas and acquired DTCP approval in 2004. CO has already sold many plots in that survey area and people have built houses in it. I am convinced that the subject survey area is 2.12acres, but with respect to law GPA has incorrect measurement. CO understands the problem and not in a position to make any rectification deed to solve the problem.
I am worried that on a later date, the legal heirs of person A may claim the sale made in 2003 as null and void as per GPA details. The area is fast developing and value rising many folds every year.
Is my worry justifiable? If yes, what is the solution as per Indian law?
23 August 2010
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