Frequently Asked Legal Questions and Answers › Category: Property Issues › Unapproved plot registered with incorrect survey number and Seller

Narayanan asked 1 year ago

Person A is the land owner of survey no 10/1. He is the agent (Power of Attorney with permission to sign and register sale deed) for the adjacent land with survey number 10/2. He made plots on both 10/1 and 10/2 survey numbers together and sold it as a Nagar. When he sold a plot in S.No 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 done sub division from proper S.No 10/2 for this plot and obtained patta in 2015 even though the property document had wrong S.No 10/1.Then, 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 without an approval. Please let me know how Person C can correct the seller and survey number for this plot?

Legal Solution for Rectifying Seller and Survey Number for a Plot

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Introduction

In this legal solution, we address the issue of an incorrect seller and survey number registered for a plot. We discuss the steps Person C can take to rectify this mistake and ensure the proper documentation and ownership of the property.

Step-by-Step Process

Step 1: Gather Relevant Documents

Person C should collect all the necessary documents related to the property, including the sale deed, sub-division documents, patta, and any other supporting records.

Step 2: Consult an Advocate

Seeking legal counsel from an experienced advocate specializing in property matters is essential. The advocate will provide guidance and assistance throughout the legal process.

Step 3: Verify Ownership and Survey Details

The advocate will conduct a thorough investigation to verify the ownership and survey details of the plot. This involves examining the original sale deed, power of attorney documents, and other relevant records.

Step 4: Draft a Rectification Deed

If it is determined that there was an error in the registration process, the advocate will prepare a rectification deed. This document will correct the survey number and state the correct seller's details, reflecting the actual ownership of the plot.

Step 5: Obtain Consent of Parties

The rectification deed requires the consent of all parties involved, including Person A (the seller) and Person B (the previous buyer). Obtaining their consent is crucial to rectify the error and update the survey number.

Step 6: Register the Rectification Deed

Once the rectification deed is prepared and signed by all parties, it must be registered at the Sub-Registrar's office where the original sale deed was registered. This ensures the legal validity and enforceability of the corrected information.

Step 7: Update Patta and Property Records

Following the registration of the rectification deed, Person C should take the necessary steps to update the patta and other property records. This ensures that the corrected survey number and seller's details are accurately reflected.

Conclusion

Rectifying the seller and survey number for a plot requires a systematic legal approach. By following the steps outlined above and seeking guidance from a qualified advocate, Person C can address the mistake and ensure the proper documentation and ownership of the plot. It is crucial to navigate this process with the assistance of legal professionals to ensure compliance with applicable laws and regulations.