Dtcp approval with incorrect measurement Dtcp approval with incorrect measurement

4 months ago

Person A purchased a plot from a DTCP approved layout with breadth as 20 feet and length as 50 feet in total 1000sqft. This is a DTCP approved layout. In the approval layout as well it is having the same measurements for this plot.

Person A got patta subdivision done on his name for this 1000sqft area. Now the power agent(seller) says that the measurement of breadth is short by 2 feet. It should be 18 instead of 20 feets.

Person A is selling this plot to person B with correct measurement as 18 feet breadth and 50 feet length. So totally 900sqft as area.

Please confirm if this is fine for B to purchase this plot and do registration though the parent document will have 2 feet extra for breadth.

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Discrepancy in the measurement of land could jeopardize your position as the owner of the property. A Rectification Deed can be issued only on the following conditions: 1) If the mistakes made in the original document are 100% genuine. 2) The error made in the original document is unintentional. 3) The parties related to the original document have each other's mutual consent to execute the Rectification Deed. If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub registrar’s office, where the deed was previously registered. They will have to apply to the Sub-Registrar, seeking correction in the document, along with all the supporting documents for the registration of a rectification deed. A nominal charge of Rs.100 has to be paid, to get a rectification deed registered at the sub-registrar’s office in case of minor typing or spelling-related changes in the original documents. If major changes need to be made in the document, the office may demand higher stamp duty, recognizing the transaction as a new one. Failure to rectify errors in the original deed may cause lot of litigation later. Visit the DTCP office for clarification and necessary action.
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