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satcom   05 March 2015

Wrong survey number in sale deed

Hi All,

I have purchased a revenue site from a Developer 9 years back in a grama panchayat limit which is basically a agriculture land without land conversion. The Developer has formed private layout out of 3 different survey numbers and adjacent land portions and was planning to convert the land usage and further develop the layout but After 6 months from the date of purchase of the site, Govt authorities have notified the land for road project and all the 3 survey numbers have been affected and my site 80% of the land has been notified for acquisition. since this is a agriculture land and not yet converted, Govt authorities doesn't consider this private layout as approved one and subsequently are sending all the communication related to this land acquisition to my Developer, due to all survey numbers are listed in his name in the govt records (pani) . After first gazette notification from the govt I have filed a objection to govt authorities to get the compensation for the land portion i am loosing in my site as part of this acquisition. Now govt has issued final notification and acquisition is still pending and not yet completed due to negotiation on the compensation part and rehabilitation of land losers for this road project. Govt has intended to complete this acquisition with suitable compensation at the earliest. In the due course of time I was able to extract govt survey document for this road project and came to know that survey number mentioned in my sale deed is wrong in comparison with my physical location of the site sold by Developer. I have approached the Developer to rectify this survey number in my sale deed to go for rectification deed. Based on this govt survey document, Although developer has agreed there is a mistake in the sale deed with regard to survey number mentioned in the sale deed and the survey number in which he has sold the site and instead of directly going for rectification deed he insisted upon another govt survey of the land in question to identify the physical location of the site in the correct survey number before proceeding with rectification deed. We have applied for govt survey of the land and it took nearly one year to get this survey allocation and govt officials visited the location for survey but the developer somehow didn't turn up for the survey of the land. I have learnt from this he is clearly avoiding to go for rectification deed and delayed this survey proceedings in order to get the compensation for my site. Now I have to explore the legal options in order to get this compensation and also I need to get this rectification deed and submit the same to govt to get the compensation. Please suggest me what are the legal remedies in this case. First I need to block this compensation going to developer for my site with respect to affected survey number from the govt and I need to get this rectification deed for wrong survey number mentioned in the sale deed when developer is not ready for the rectification deed. I have the sale deed executed by the developer and the grama panchayat khata mentioning the site number. Currently I have sent legal notice to developer for rectification deed in order to file suit and filed another objection to govt with copy of legal notice to withhold this compensation going to developer until my dispute case is resolved. Please suggest me the best legal approach in this matter. Thanks in advance.....!!



Learning

 5 Replies

R.K Nanda (Advocate)     05 March 2015

get rectification deed executed.

 
 
Thanks,
 
You can also opt for CLICK TO TALK option for more legal advice on mobile.
 
 
 
 

Jayashree Hariharan (Advocate)     05 March 2015

The procedure you have followed is correct. Since you have got the government allocated survey number, please go in for rectification deed atleast at this juncture.

If the builder does not cooperate you can file a consumer petition. I guess you cannot go in for a civil dispute at this juncture since no action is happening regarding the property. 

The best and the most important thing is to keep a tab on the ongoings with the government department regarding the objections filed by you, since nothing happens automatically 

satcom   05 March 2015

Thank you for your valuable suggestion. 

Please suggest Is there way I can make Govt party in this case or legal process since they have notified this land in question in order effectively block this compensation until my case is resolved. Thanks ...!!

T. Kalaiselvan, Advocate (Advocate)     08 March 2015

In the same suit you could have made the government as a party and sought an injunction against the government agencies from disbursing the compensation amount to the builder until disposal of the suit,even now you can implead the gvernment asa party by filing an IA under order 1rule 10 and also another application waiving notice under 80 CPC to the government  for impleading them as party, consult your lawyer for further discussion on the subject.

george (Inspector)     06 November 2015

The boudry will prevail not the survey number is the well established principles in couet of law in India So you need not worry. Bot you go to court for rectification deed If the party do not  appear you will get Exparte degree and you register the expartee degree in Register Office with in One month,.that will do


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