Unapproved plot registered with wrong survey no and seller by POA
6 months ago
Person A is the land owner of survey no 10/1 and an agent (General Power of Attorney with permission to sign and register sale deed on behalf of land owner X for survey number 10/2 and land owner Y for Survey number 10/3) for the adjacent lands with survey numbers 10/2 and 10/3. They made plots on 10/1, 10/2 and 10/3 survey numbers together and sold it as a Nagar. It was 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 and 10/3(principals are different for 10/2 and 10/3). When he sold a plot in survey number 10/2 to Person B in 2013, he registered the document as that plot is from survey number 10/3(different land owner), instead of registering it as agent with Survey number 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 10/3. 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 10/3(though he should have registered it as agent). The plot is unapproved. One of the principal of 10/2 survey number died in 2022. So the power got cancelled for 10/2 survey number.
In September 2023, Person A(Agent) registered General power of attorney for unsold plots from survey numbers 10/2 and 10/3 from the respective principal owners and recieved DTCP and RERA approvals.
Since the Person A (Agent) received power of attorney again for the unsold plots and RERA approvals are in place, can he sign and register the rectification deed on behalf of the land owners of 10/2 to correct seller A as agent and include principals name of 10/2 and rectify survey number to 10/2 from 10/3 for this plot in the first transaction document. Please clarify.
Having a series of discrepancies in the series of deeds or documents that transfer the titles of the land which is an unapproved plot as per the records of the concerned authority, and moreover, the project on the said plot got the approval of DTCP and RERA - does it feasible to rectify all the documents/deeds by registering the revised deed of conveyance rectifying the series of discrepancy that basically requires cancellation order in respect of from the appropriate Courts. So, on detection of discrepancies or lacunes in the registered documents, you need to follow statutory compliance of all the formalities afresh and on receipt of cancellation order of the earlier deeds before registering the revised deeds by the Registering Authority to make all the deeds/documents legally enforceable and bring the matter to the notice of both DTCP and RERA to avoid legal consequences in future.
Legal Authority: The Agent (Person A) should have the legal authority to sign and register the rectification deed on behalf of the landowners of survey number 10/2. Since the Agent has received a General Power of Attorney for the unsold plots and approvals from the respective principal owners, it's possible that they may have the authority to make corrections.
Rectification Deed: A rectification deed is a legal document used to correct errors in a previously executed property deed. It can be used to amend details such as the survey number. However, it's essential to ensure that all parties involved, including the landowners of survey number 10/2, agree to the rectification.
Permission from Principal Owners: Since the power of attorney for survey number 10/2 was canceled due to the principal owner's death, it's crucial to obtain permission from the legal heirs or successors of the deceased principal owner to proceed with any changes related to that property.
Government Authorities: It's essential to comply with all local laws and regulations related to property transactions, especially in the case of an unapproved layout. You may need to work with the relevant government authorities and obtain any necessary approvals for the rectification.
Documentation: Proper documentation of the rectification process is crucial. This includes preparing and executing the rectification deed in accordance with the law and ensuring it is registered with the appropriate authorities.
Regards
POWER OF ATTORNEY
Registration of Power of Attorney for deemed membership to association
Need for registration of Power of Attorney for deemed membership
Validity of GPA
GPA for Donee Accepting Immovable Land Gift Deed
