Incorrect/Mismatched Property Schedule, what schedule to follow
08-Oct-2023 (In Property Law)
I have a property in Bangalore, purchased in 2001. I am the 4th owner. The "mother deed", registered around 1957 shows this as a corner site(roads on 2 sides, East and South). Somehow, the road on the East was encroached upon (or legally converted, not sure if that's possible!) much before I came into the picture, and a building was already there when I purchased this site in 2001. On the second sale deed, the Schedule shows a road on the East (in reality, road existed on the South). On the third saledeed(where I'm the PURCHASER), the schedule shows the road on the South, correctly. I was intending to sell this property now, and am faced with the issue of adverse-legal-opinion on account of the mismatch I have been in peaceful possession and enjoyment of this property. I have been paying property taxes regularly. The EC shows the flow of title correctly, too. How do I remedy the situation now? The previous owners of the property won't be traceable now. Kindly advise. Thanks!
since the property boundary is not matching you have to get the boundary rectified by way of rectification deed for this the previous vendors are required. also check with the layout plan which shows the boundary and go accordingly. unless a rectification deed is executed rectifying the boundaries it will not be legally valid.
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