Shivanand (Software Professional) 29 June 2010

Corrections in sale deed

Hello,

I'm thinking of buying a site in Bangalore. When I look into the sale deed, there are three vendors mentioned, Vendor1, Vendor2, Vendor3 who are seller/layout developers. There is a individual buyer(who is currently selling the site) mentioned. The layout is approved by Bangalore development Authorities(BDA).

Further in down in the sale deed it is mentioned that land having Sy.No. XY has been bought by Vendor1 & Vendor3 by ABC person and family via a registered document. When we look into this earlier sale deed acttually the land was bought by Vendor1 and Vendor2.

So, in current owners sale deed it should have been land having Sy.No. XY has been bought by Vendor1 and Vendor2 instead of Vendor1 and Vendor3.

How serirous is this problem ?

If I buy this land can I do the corrections in new sale deed or should I ask current owner to rectify it first and then sell it ?

how to rectify it ?

Please clarify.

Thank you & Regards,

Shiavanand

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1 Replies

Balaji M V (Regional Manager) 05 July 2010

First check whether all the three vendors have jointly sold to your seller ? Then there shd. be no problem.

Also you have not mentioned when your seller had purchased the land ( how long he is in possession ).

In general, if your seller is in possession for above 13 yrs, you need not bother about it.

If your seller had mortgaged the property earlier you have an addl. comfort that title is clear and marketable.

In case of purchase of land / building ( property ), possession is important.

Also consult your advocate by showing the parent documents and check through independent source whether any case / dispute is pending before the local court.

If the vendor 3 has signed he is bound by doctrine of estoppel and all the sale deed carries indemnity clause so your seller wil have make good the loss if he doesn't have clear title.

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