Rectification deed executed by cancelled gpa holder
soorya
(Querist) 26 July 2016
This query is : Resolved
Hi,
We have a small plot purchased in Karnataka during 1994. A GPA holder executed it on behalf of original seller.
During 2009, we have found a small mistake in the sale deed related to the schedule (one of the adjacent site number wrongly mentioned). We got it rectified through a correction deed in 2009 by the GPA holder himself, who executed the original sale deed.
However, later we understood that his GPA was cancelled during 1996 itself, which we were not aware of.
Question is, is such correction deed executed is valid. Is it going to cause any issues on the original sale deed of 1994 or our title on plot.
Regards,
Soorya
Kumar Doab
(Expert) 26 July 2016
Apparently;No power to perform was vested on the said date.
P. Venu
(Expert) 26 July 2016
Though erroneous, it may not matter much!
soorya
(Querist) 26 July 2016
Thanks for you responses. So, it means, the correction deed is not valid, and I have to depend on the sale deed itself?
Issue is, the sale deed is having small schedule issue. Approaching seller again is not an option as his hiers are already getting into litigation. Any other options, please.
Dr J C Vashista
(Expert) 27 July 2016
Correction deed is invalid and you can get it re-executed by owner himself after cancellation/withdrawal of POA.
Otherwise, it is minor issue which do not change the site/status of the property purchased by you.
Even then if you feel strong you may approach a local lawyer and file a suit for declaration, mandatory and permanent injunction.
Kumar Doab
(Expert) 27 July 2016
You have been advised.
It is you that has to act.
soorya
(Querist) 28 July 2016
Thanks Mr Vashista
Kumar Doab
(Expert) 28 July 2016
It is good to see that some authors come back to thank the Experts.