Unapproved plot registered with wrong survey no and seller

Querist : Anonymous (Querist) 08 May 2023 This query is : Resolved
Person A is the land owner of survey no 10/1 and an agent (Power of Attorney with permission to sign and register sale deed on behalf of land owners of survey number 10/2) for the adjacent land with survey number 10/2. They made plots on both 10/1 and 10/2 survey numbers together and sold it as a Nagar. It is an unapproved layout.

Person A has the authority to sign and register all the plots from that layout as land owner for plots from 10/1 and as a Power of attorney for plots from 10/2.

When he sold a plot in survey number 10/2 to Person B in 2013, he registered the document as that plot is from his own land in survey number 10/1, instead of registering it as agent for 10/2.

Person B did sub division from proper survey number 10/2 for this plot and obtained patta in 2015 though the property document had wrong survey number 10/1. Person B sold this plot to Person C in 2020.

Now the Person C notices this mistake that instead of Person A registering the document as Power of Attorney with survey number 10/2, registered it as it is from his own land with survey number 10/1. The plot is unapproved. One of the principal of 10/2 survey number died in 2022. So the power is cancelled. Please let me know how Person C can rectify the seller A as agent and include principals name and rectify survey number for this plot in the first transaction document and survey number alone in his(second transaction) property document?

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T. Kalaiselvan, Advocate (Expert) 08 May 2023
A registered rectification deed should be executed by the original seller.
Since the principal is died, the legal heirs of the principal can execute the registered rectification deed.
If none of them is available then the current owner can present a rectification deed for registration.
If the registrar refuses to register then he can approach court with a suit for declaration of title and to direct the concerned registrar to permit you to register the rectification deed.

Querist : Anonymous (Querist) 08 May 2023
Thanks sir... "Since the principal is died, the legal heirs of the principal can execute the registered rectification deed." for this one, does the legal heirs need to give new power document to person A(who signed the first transaction sale deed) and with his signature we need to do rectfication? please clarify.

kavksatyanarayana (Expert) 08 May 2023
Yes. The legal heirs of the owner can execute the deed.

T. Kalaiselvan, Advocate (Expert) 09 May 2023
If the legal heirs are not able to execute the rectification deed, then they can execute a registered joint power of deed too in favor of the power agent who can complete this task on their behalf.

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