DEAR SIRS,
RE: SURVEY NUMBER RECTIFIED SALE DEED BY THE FOURTH HAND (VENDOR) TO ME ON MY PRESENT PURCHASE, WHERE THE PREDECESSORS, THE ORIGINAL LAY-OUT PROMOTERS AND THE SUCESSORS WERE NOT TRACABLE - WHETHER THE FORTH COMING TITLE DEED IN MY FAVOUR WOULD BE ALRIGHT - NO CHANGE IN THE PLOT NUMBER, BOUNDRIES AND EXTENT OF AREA.
GOOD DAY! SEASONS GREETINGS! I AM NEW TO THIS FORUM AND A LAYMAN IN LEGAL AFFAIRS. HENCE, KINDLY HELP ME THROUGH YOUR VALUABLE ADVISES.
I AM PLANNING TO BUY A PLOT OF 1 GROUND FROM A LAY-OUT AT NAVALUR IN CHENNAI, WHICH LAY-OUT WAS ORIGINALLY FORMED BY THE PROMOTOR DURING 1973, BY BUYING THREE ADJACENT LANDS OF DIFFERENT SURVEY NUMBERS (S.NOS. 44/1, 43/1B & 26/1A) AND THEN MADE IN TO HOUSING PLOTS. NOW, THE VENDOR TO ME WOULD BE THE FOUTH HAND. WHILE I SCRUTINIZED THE DOCUMENTS, THE DOCUMENTS WERE FOUND OK. BUT, I FOUND THAT THE PATTA IS NOT CHANGED IN FAVOUR OF THE ANY OF THE PREDECESSORS AND ALSO, I FOUND THAT THE NO.2, NO.3 & NO.4 HANDS HAVE SOLD THE PROPERTY TO THE OTHERS CONSECUTIVELY IN A VERY SHORT SPAN SOON AFTER THEIR PURCHASES, WHICH MADE ME TO HAVE A DOUBT. I ASKED THE PRESENT VENDOR, WHO SAID THAT THERE IS A SMALL SURVEY NUMBER PROBLEM, BECAUSE OF WHICH PATTA COULD NOT BE OBTAINED AND HENCE, THE SALES BY ALL THE PREDECESSORS TO THE NEXT PARTIES. BUT, NO ONE TRIED TO RECTIFY IT OR WANTED TO GO IN DETAIL TO FIND OUT THE REAL ISSUE, OTHER THAN SELLING TO THE NEXT PARTY, WHEN PATTA WAS REFUSED.
THEN, I WENT TO THE REVENUE DEPARTMENT AND GOT THE FMB SKETCHES OF ALL THE THREE SURVEY NUMBERS BELONG TO THE WHOLE LAY-OUT AND THEN, FOUND OUT THAT, WHILE THE FIRST SALE MADE BY THE PROMOTER TO THE FIRST PURCHASER ITSELF, THE PROMOTER HAS MADE A MISTAKE OF MENTIONING A WRONG SURVEY NUMBER AS S.NO. 43/1B OF THE ADJACENT LAND IN THE SAME LAY-OUT INSTEAD OF THE SURVEY NO. 44/1 OF THE ACTUAL LAND, WHERE THE PARTICULAR PLOT IS SITUATED, WHICH MISTAKE BEING SIMPLY CARRIED FORWARD BY ALL THE PREDECESSORS UNTIL DATE THROUGH OUT. NOW, AS I HAVE FOUND OUT THE PROBLEM, I WOULD LIKE TO RECTIFY THE SAME PROPERLY DURING MY PURCHASE AND TO OBTAIN THE PATTA AFTER THE REGISTRATION.
AS A FIRST STEP, I BROUGHT THE FMB SKETCH AND THE SURVEYOR AND MADE THAT CONFIRMED THAT THE PLOT IS LYING IN S.NO. 44/1 AND NOT IN 43/1A, AS IT WAS DOCUMENTED. THEN, TO ADD A PROOF, I APPLIED FOR PATTA THROUGH THE PRESENT OWNER (VENDOR WOULD BE TO ME), WHICH APPLICATION WAS REJECTED. WHEN I APPLIED FOR THE REASON FOR REJECTION IN WRITING, I WAS TOLD THAT THERE IS DIFFERENCE BETWEEN THE S.NO IN DOCUMENT AND THE SURVEY NO. IN POSSESSION AND THEY MENTIONED THE CORRECT SURVEY NO. FOR THE PLOT IN POSSESSION AS 44/1A AND MOREOVER, THEY UNOFFICIALLY SAID THAT IF WHILE I PURCHASE THE PROPERTY, IF BOTH THE S.NOS ARE MENTIONED IN THE NEW SALE DEED TO BE REGISTERED, THEN BASED ON THAT THE PATTA SHALL BE GRANTED.
NOW, AS THE ORIGINAL LAY-OUT PROMOTER, WHO COMMITTED MISTAKE OR HIS SUCCESSORS COULD NOT BE TRACED OUT, MY QUESTION IS (1) WHILE MAKING A NEW SALE DEED IN MY FAVOUR BY THE PRESENT OWNER, WHETHER HE CAN JUST AS IT IS INCLUDE THE S.NO. 44/1, IN ADDITION TO THE S. NO. 43/1B OR ONLY TO WRITE AS 44/1 (WHICH IS THE ACTUAL) BY REPLACING 43/1B, (2) AS THERE IS GOING TO BE A FRESH SALE DEED IN MY FAVOUR, IS THERE ANY NEED FOR THE RECTIFICATION DEED SEPERATELY? (3) WHETHER THE TITLE DEED WOULD BE OK, IF UNTIL NOW, THE DOCUMENTS SAY 43/1B AND NOW ONWARDS AS 44/1? (4) WHICH IS BETTER, WHETHER TO MENTION IN THE NEW SALE DEED ONLY 44/1, THE ACTUAL OR THE BOTH SURVEY NOS AS PLOT NO. 109 SITUATED IN S.NOS. 44/1 & 43/1B? (5) HOW TO WRITE THE RECTIFICATION OF S.NO. IN THE SALE DEED?
PLEASE ADVISE ME IN DETAIL. I THANK YOUR GOODSELVES IN ADVANCE FOR YOUR VALUABLE TIME AND REPLIES.
THANKS AND REGARDS,
