Rectification deed-unapproved plot registered wrong survey no and seller by POA
5 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, instead of registering the document as agent with Survey number 10/2, he registered it as the plot is from survey number 10/3 and he is the owner of that survey number(though he has only power on 10/3 and not the owner).
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.
Some are saying this cannot be rectified. Bhe both the sale deeds have to be cancelled and new sale deed has to happen with original land owners.
Please let me know how the person C(second buyer) can rectify the Survey number and owner details in the parent document (first sale deed).
If rectifying the original sale deed is not possible or practical, the lawyer may recommend initiating legal proceedings to address the issue. This could involve filing a case in the appropriate court to seek a declaratory judgment or specific performance to rectify the erroneous information in the sale deed. The lawyer can also facilitate negotiations between Person C, Person A, and any other relevant parties involved. Through negotiation and dialogue, it may be possible to reach a mutually acceptable resolution, such as the execution of a fresh sale deed with the correct details.
Second person cannot rectify the survey number but if the boundaries are correct it will prevail. Otherwise file a civil suit and get appropriate relief.
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
