I purchased a plot from a direct owner. The DTCP layout was laid out in 1990. The document and EC was very clean and is in order as per the link documents. We verified the documents with couple reputed advocates and they too gave approval to purchase the property. The previous owner also had patta in his name. Since everything looks fine, I purchased the plot in Nov 14.
After 5 months from purchase, I submitted the Patta Transfer Form to VAO office to transfer the patta to my name. The clerk in VAO office verified the patta and survey number against his record and gave me a shock. He is saying that plot doesn’t come under the survey number as mentioned in Original Parent document & all subsequent documents and in Original DTCP layout (promoter copy). He is not sure how the previous owner got patta. He saying that the survey number is different in his record book and survey number mentioned in DTCP layout is wrong. There is a disparity between what is surveyed and what is recorded in the DTCP layout.
We requested surveyor to measure the layout as per revenue dept. records. Surveyor had measured and confirmed that our plot survey number is indeed wrong. He has recommended going for rectification deed with inclusion of some more survey numbers.
For your information, plot no. is properly mentioned, boundaries and area are correct. As per the plot no., extent of area and the boundaries mentioned in the deed and as well by possession, the correct survey no. is 182/4, which was confirmed by the revenue dept. (surveyor), whereas, it has been wrongly mentioned as 181/3 in the sale deed by the lay-out promoter in his first transaction itself, which is simply carried forwarded by all other successors also, which need to be rectified now, whereas the lay out promoters had bought both the lands of above survey nos., which are adjacent to each other and then divided into housing plots of small areas.
The mistake was committed by the layout promoter in 1990, when he sold the particular plot to his (First) purchaser; the plot is actually situated in s.no. 182/4, whereas it was mistakenly registered as 181/3, which is the s.no of the adjacent plot of the same vendor and also a part of the same layout, but, not of the particular plot. The next transaction took place in Jan 2013, which first purchaser has sold the property to another party (Second). The second party has patta in his name for the plot. Now, the aggrieved party (Third) i.e., I bought the property in Nov 2014. The plot number, area and boundaries are correct in all the documents, except carrying forward the same mistake of mentioning the wrong s.no as 181/3.
Unfortunately, the layout promoter & first purchaser are not traceable now. The layout promoter could have been expired or is around 80~90 years by now and not found in the address provided in his document in 1991. We could not find the promoter or his legal heirs now. The first owner has expired and his legal heirs have moved elsewhere and lost contact. In such a case, how can I go ahead with rectification deed, for which I think both the parties need to present?
I have contact with second purchaser (i.e. person who sold me) and he is willing to sign the rectification deed. But, I heard that all parties need to sign the rectification deed. As in my case, the layout promoter & first purchaser are not traceable, could you please advise me how should I rectify the deed?
I read in this forum that the aggrieved party may file a declaratory suit before a court under Section 26 of Specific Relief Act 1963. In such case, how soon I can get the relief from court and what is the cost involved? Also, who should borne the cost for rectification? As per the sale deed, vendor has promised to rectify the defect in the title. Now, promoter and first purchaser are not traceable, please advise who need to borne the cost as per law.
Awaiting for your prompt response by return and thanking you in advance for your valuable time and advise.
