Rectficatn deed pending for want of legal heir living in usa
Querist :
Anonymous
(Querist) 03 April 2019
This query is : Resolved
Dear Experts and Lawyer Gentlemen,
I am Purnaiah, Chartered Accountant from Hyderabad request your expert advice on the following issue:
One of my uncle along with three of his friends purchased some agricultural land in one of the prominent area in Hyderabad in Apr 1988. At that point in time, since official survey and demarcation of the said land could not be completed the vendor showed all Five Sy Nos. 11, 12,13,14 & 15 as pertaining to the said land in the schedule of the property referred in the sale deed.
Subsequently, post completion of the official survey; demarcation and fixation of boundaries duly separating the land sold to us from other part of the vendor’s land, it was identified and confirmed that the entire land sold to us was situated in Sy No. 11 only but not in other Sy Nos. as noted in the above principal sale deed executed in Apr 1988. To rectify this, in February 1989, they have mutually executed a rectification deed by removing the redundant Sy Numbers mentioned in the principal sale deed.
In the due course, partners took several years to develop the land and convert it in to residential plots under HUDA norms. Meanwhile, when the development was in progress one of the partner has expired leaving Four (4) of his dependents (Wife, Son & Two daughters) as his legal heirs. One of his legal heirs (deceased partner’s elder daughter) was living in USA along with her husband.
Later, in June 2014 all the Partners (including Four legal heirs of the deceased partner including his elder daughter who was in India at that time) have mutually executed a partition deed and shared the plots among them.
Issue: Here the real problem cropped up, to our surprise we found that the details of the subsequent rectification deed (of Feb 1989) were not captured in the recent Partition Deed executed in June 2014. Now, being a legal heir and a party to the Partition deed, deceased Partner’s elder daughter held up in USA and she is not turning up to India for executing a rectification deed to this effect. Her other three family members who are in Hyderabad also neither supporting us in this regard nor trying to get her to Hyderabad for executing the rectification deed. Because of one legal heir of the deceased partner (who is in USA), the entire process is held up and other partners are completely tied up. They are not in a position to enjoy their share of property as they can’t get any bank loans for further development nor in a position to register the plots in the name of their kin and kith. Due to this pending rectification, other partners are completely refrained from doing further activities in the property.
Request: Please help us with suitable remedies to overcome this peculiar problem.
Warm Regards,
CA Purnaiah
kavksatyanarayana
(Expert) 04 April 2019
Dear queriest, your uncle bought the land with 3 others. Did all the buyer (your uncle and friends) partition the property? In 2014, how did the legal heirs of deceased partner partition the property? However the elder daughter who is in USA may executed a POA in favour of her family member at USA and get it attested by Consulate/embassy/Public Notary of USA. After receipt of POA in India it shall be validated by the collector under Sec.18 and 19 the Act (District Registrar) and then proceed for registration of rectification deed.
