Querist :
Anonymous
(Querist) 31 March 2021
This query is : Resolved
I bought a land 15 years back.Two years back I planned to sale the land, document copy gave to buyer. He observed that in the plot plan drawing, plot measurements in the East & West sides are reversed by mistake.Originally East side 46 feet & West side 72 feet.But in the plan drawing they mentioned East side 72 feet & West side 46 feet. So I approached Previous owners for rectification. With in this 15 yrs period land value increased 20 times.So they demanded very huge amount for rectification. After discussion with document writer he advised to take self rectification deed.I have done the same thing.Here previous plan drawing not changed,but they issued self rectification deed.In that document original measurements mentioned. Registrar signed& stamped on that document.After few days I registered the property on my wife's name as a gift deed & in the plan drawing they clearly mentioned original measurements My question is (1) self rectification deed is valid or not.(2)Is there any problem with Previous owners in future (3)Is there any problem to sale the property (4)Is there any problem to get the permission for building construction(In LRS copy they mentioned correct measurements)(5)If there is no validity for self rectification deed,how to get rectification deed with out previous owners
A rectification deed is possible when both parties are ready to execute it before the sub-registrar. Try to convince the seller for the execution of the rectification deed. Self rectification deed is not possible. Alternatively, you can find out the purchaser who can buy it with this defect in the documentation. The wrong description in the document may create problems in the future and also create problems for construction permission. Contact expert local advocate and discuss with him.
kavksatyanarayana
(Expert) 31 March 2021
You could not sell the property without a rectification deed for measurements. The original owner shall execute and register it before the Sub Registrar. There is not self-declaration document. But you stated that the Sub Registrar signed and stamped on the declaration document. But it is not correct in my view.
Dr J C Vashista
(Expert) 01 April 2021
Self rectification deed is "no" document in law.
krishna mohan
(Expert) 01 April 2021
Since you have completed the process no point in looking back as multiple documents will create more confusion. You can over come by adding the original lay out drawing of your sellers seller through which you got the title and it can be further validated in the plan approval drawing by you or by your buyer. As long as the boundary is intact you take possession of the same and convey the boundary correctly when it is sold.
Sankaranarayanan
(Expert) 01 April 2021
when a error committed in Sale Deed then it has to be rectified through the same sub registrar office .Self rectification on deed is not valid . if the error not rectified then it will be problem for subsequent nature
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