Incorrect boundary condition in the sale deed
Raghavendra
(Querist) 25 February 2014
This query is : Resolved
Dear Experts,
Property Flow in Brief:
A farm land of 1 acre was owned by a person "X". He sold it to another party "Y" in 2004. "Y" got it converted for residential purpose and sold the entire land to "Z". "Z" developed a layout in it and sold the sites. I have bought one such site from "Z".
Q: While "X" selling the land to "Y", he has mentioned the boundary conditions incorrectly. He has interchanged south & north boundary details. (They have mentioned the land owners name alone in the boundary details. They have not mentioned the survey numbers) Will it impact my ownership on the site I have bought?
Additional Info:
1) The name of X & Y appears in the RTC.
2) The survey number and other details are correct in the sale deed.
Thanks & Regards,
Raghu
SURESH BV, Advocate
(Expert) 25 February 2014
Dear Raghu,
The Principles of Property law is that "YOU CAN NOT PASS BETTER TITLE THAN WHAT YOU HAVE". Although you have purchased a smaller extent of land in a bigger extent and if there are any lacunas in the bigger extent the same follows. Based on the following clarification, I feel that correction of boundaries in the parent deed is essential:-
(a) Have you not verified the incorrectness earlier;
(b) Have you obtained the Legal Opinion before purchasing the property;
(c) The details of the boundaries mentioned in the Conversion Order
BAALASUBRAMANNYAMM
(Expert) 25 February 2014
If boundaries mentioned are appeared to be incorrect in a sale deed, a "Rectification Deed "has to be executed with correct boundaries.
Rajendra K Goyal
(Expert) 25 February 2014
Consult a local lawyer and show him all the documents.
Raghavendra
(Querist) 25 February 2014
Thanks to all the experts for your quick reply.
@Suresh BV: we had consulted at least 3 different lawyers. But unfortunately no one noticed it. Everybody has cleared it saying its all fine. But we noticed it after the registration is done.
