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Sale deed - Typo error.

(Querist) 04 January 2011 This query is : Resolved 
Good Morning,

Iam purchasing a building in Tirunelveli but I find a typo error in the Survey No. specified in the previous Sale deed. Instead of 64/4C the sale deed is showing 64/4B.Please note I have already paid 1/3rd amount as advance for this property based on a legal opinion from our lawyer who had overlooked this error by mistake.

All other documents including the Town registration (PATTA) and Tax receipts are showing 64/4C and there is no conflict on the ownership of the property. The building Plan approval is showing 64/4B.

The present owner is enjoying the property since 1990 and the boundaries and land area specified in the sale deed are accurate.

The above issue was taken by the present owner to the Tirunelveli court for deed of rectification but due to some reasons not known the previous owner did not rectify it properly and hence the judgement does not show any rectification in Survey Nos.

1) Can I buy this property or not?

2) What are the Pro's and Con's?

3) If I can buy this property what should be said in the sale deed to avoid problems in future?


You all are requested to reply this query and suggest the all possible ways including detailed procedure which is easy in approach and do not involve much cost.



Waiting for your quick reply please.



Thanks & Best Regards



Shaduly

Sri Vijayan.A (Expert) 06 January 2011
1. No problem in buying this.
2. Get a rectification deed registered
3.If rectification is not fesible now, ask ur seller to execute a declaration deed.
3.This deed can be registered in Book-IV of Sub Registrar office, which costs a very low amount.
4. In the sale deed to be prepared by you, bring all the facts and correct the typo-error.


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