Rectification of Property Papers
Querist :
Anonymous
(Querist) 07 April 2011
This query is : Resolved
Hello,
My father had purchased an industrial shed in the year 1991 in Peenya Industrial Area, Bangalore. The land falls under the jurisdiction of Karnataka Industrial Area Development Board (KIADB) The shed was allotted by the KIADB to the seller in the year 1990 who sold it to us in 1991.
Total area of the property is 10,000 sq ft which includes 5,000 sq ft of shed/building and remaining is free space. We wish to sell the property now, however on reading the sale deed we find errors with regards to the total area of the property as only the area of shed/building is mentioned without any mention of the free space. The khata extract clearly shows my fathers name as the owner and the correct area of the property as 10,000 sq ft i.e shed plus free space.
I feel the error in sale deed will create problems while selling the property and hence wish to rectify the errors in the sale deed.
Please suggest as to who should we approach who can handle this issue for us and what is the procedure to get this rectification done. Also the seller from whom we purchased the property is not in our contact any more.
thank you very much and hoping to an answer for my query very soon.
Raj Kumar Makkad
(Expert) 07 April 2011
It is very difficult to get the error rectified without involvement of seller or his legal heirs, if he has died. If you are not in a position to contact the seller then it is better not to disclose anything to anyone and get registered sale-deed of 10000 Sq. Feet in routine mentioning therein the distinction of shed and open land in equal shares. If you bring this fact to light then definitely various problems shall arise at the same time.
Querist :
Anonymous
(Querist) 07 April 2011
Thank you for your reply Mr. Makkad, I highly appreciate your answer. Will it be better to consult a lawyer personally on this regard or should I keep the matter under wraps and proceed with the sale? I am sorry but i am not very familiar with the legal language so if you could explain me in a lay man's language as to what do u mean by your statement "it is better not to disclose anything to anyone and get registered sale-deed of 10000 Sq. Feet in routine mentioning therein the distinction of shed and open land in equal shares"
