Mentioing of wrong khata number and its registration
prasad
(Querist) 03 January 2013
This query is : Resolved
A property containing a vacant site and a Mangalore Tiled House was registered by "A" after executing Relinquishment Deed between two sisters "A" & "B". But the Municipal Khatha Number of that property was wrong and else i.e. boundaries etc. was correct. In the meanwhile "B" died and "A" sold the property to two persons. What will be the consequence if some one objects to it. Since in the Relinquishment Deed, the Khatha Number of the property was different (due to typhographical error) and it was registered with the incorrect number but the Khatha has been changed with the original number with the Municipality. How can it be corrected? Please anyone explain in detail procedure for correcting the same.
(2) Based on the wrong mentioning of Khatha Number, can the legal heirs of "B" can file a suit before Court of law for claiming their share in the property ? Thanks in advance.
Raj Kumar Makkad
(Expert) 03 January 2013
Legal heirs of B have no ocassion to re-claim the property which had already been relinquished by their predecessor in interest though its khata no. was wrongly entered in registered deed. As the change of ownership in the concerned record has taken place in right khata no. fully ignoring the wrong entry in deed so it shall be better to obtain a duly sworn affidavit from the legal heirs of B to clarify the fact and further their confirmation to the already executed deed with clerical mistake. Rectification Deed can also be got registered before the Registrar with the help of legal heirs of deceased B.
prasad
(Querist) 04 January 2013
Thank you Sir for your quick reply. The original Khatha Number of the property is 13632/8779 and in the Relinquishment Deed dated 15.09.2005 it was mentioned as 13632/2779. If, suppose, when we search in the Municipality about the owner of Khatha number 13632/2779 (wrong one) the owner might be the other than the one who appears in khata number 13632/8779. When such might be the case, how can the Municipal Authorities change the khatha in to a person, who don't have right over that property where khatha number does not tally with each other. They might have asked for a Registered Rectification Deed since the khatha of the property was changed on the basis of a Registered Relinquishment Deed.
Though "A", while executing Registered Sale Deed, has executed two separate Affidavits before Notary to the effect that she will ready to get set right the khatha number,if any dispute arise in future, as far as my knowledge, only a Rectification Deed holds good to change khatha in the above circumstance.
Since,in the Relinquishment Deed, Relinquishment was made for a property bearing a wrong Municipal khata number, it shall have no force to get change the khatha transfer.
Since no Rectification was made during the life-time of "B" and also the legal heirs of "B" do not have the knowledge of this, my question is whether they can approach the Municipal Authorities to cancel the khatha already transferred to "A" and to subseuqnet owners to that property. If the legal heirs of "B" does not agree to execute a Rectification Deed, what is the next right step? Will Law permit to cancel the khatha in the above circumstance. (The legal heirs of "B" wants to retain that property with themselves and Relinquishment Deed was exeucted without their consent. The property is an ancestral one) Please clarify.
Raj Kumar Makkad
(Expert) 04 January 2013
Your battle should be on another front if the intension of the legal heirs of B is to get back that property. If he property was ancestral, the legal heirs of the deceased b have every right to challenge the Relinquishment deed whether its khata was rightly or wrongly mentioned therein so file a suit for declaration seeking setting aside the relinquishment deed and further sale made thereon by A.
prasad
(Querist) 05 January 2013
Thank you very much Sir.
