Whether rectification deed with original owner is valid
28-Nov-2023 (In Property Law)
I bought a land from a cooperative society in chennai The sale deed of the property is with an improper description in the area. Instead 2982 sq. ft., it is mentioned as 2444 sq.ft where as the north south,east and west demarcations are as follows : north 75ft,. south 76ft, east 40ft,west 39ft When I approached the society for rectification, they said that as per the mother documents available with them for the above said property was with same improper description. I have submitted a letter in writing requesting them to do the rectification in the deed .But for the letter they have not responded so far. At this stage , after some effort i traced out the original owner who sold the property to the cooperative society and requested him to fulfil my obligation. He agreed to sign the rectification deed. Can i proceed with rectification deed with the original owner who sold the property to the society instead of cooperative society. Would there be any objection from co.socie
Regarding the flaw in the deed,it has to be rectified from where it originated.In your case the error occurred when the vendor conveyed to the society , whilso the error was re occurred, when you purchased from society.Therefore,the error has to be rectified by the vendor to the society.
You bought the land from the society and the rectification deed has to be signed by them. In your case find out what is the area mentioned in the sale deed and if it tallies with the description you can not do anything but if it differs you can take legal action against the society.
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