Hello,
1) Mr. ABC had 3 acre and 14 gunta of land ( out of which 8 was kharab) , He had aquired it in 1990 and converted from agriculture to residential.
2) In 2003 2 acre and 7 gunta was notified by NICE road ( out of this 2 gunta was kharab) ... so he was left with 1 acre and 7 gunta including 6 kharab
3) in 2004 ABC executed a sale deed and sold 3 acre and 14 gunta to mr EFG ....
Question I have is this 2004 sale deed is fraud case or not ? ideally ABC doesnt own 3 acre and 14 gunta any more ... 2004 sale deed should have said 1 acre and 7 guntas , but it doesnt end here.
4) MR EFG formed an unauthorized layout with some gram panchayat approval etc ( regular affair that happened in bangalore area from 1990 till 2008)
5) in his unauthorized layout , there was a an undeveloped portion of odd size , which he sold to MR HIG... MR HIG Purcahsed 13 gunta... approx 14,000 sq feet...
6) EC shows that 14000+ sq feet is own by Mr HIG ... NICE road has already marked it boundary very learly by 1.5 fet wide wall that's 6-8 feet tall.
so assuming there is no claim from NICE road side.. mr HIG also has the NOC from NICE rd for his own Survey number and drawing from NICE rd( KIADB) that clearly shows the portion notified by NICE rd.
All looks good the only concern I have is the title.
given the point 2 and point 3... sale deed of 2004 i think becomes invalid... can you please suggest me what can be done to fix the mistake( or cheating or an intentionally planned deal) ... would it make sense to have that deed rectified?
How to go about fixing these kinda of documentation error and have the title clear?
need help in buying land adjacent to NICE road
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nagarjunkatta
- Posts: 161
- Joined: August 15th, 2011, 4:39 pm
Re: need help in buying land adjacent to NICE road
Hi Spiderman,
If its really a documentation issue, the deed can be rectified provided all the parties involved in the sale deed are still available. But in point 2 - if you say the extent itself is a mistake, then that affects the schedule of the deed. So i dont think that can be corrected. only minor mistakes can be rectified.
It doesnt make much sense i feel but consult a lawyer for more pointers..
Point 6 - Do you have that drawing which shows the notified area by NICE
If its really a documentation issue, the deed can be rectified provided all the parties involved in the sale deed are still available. But in point 2 - if you say the extent itself is a mistake, then that affects the schedule of the deed. So i dont think that can be corrected. only minor mistakes can be rectified.
It doesnt make much sense i feel but consult a lawyer for more pointers..
Point 6 - Do you have that drawing which shows the notified area by NICE
Re: need help in buying land adjacent to NICE road
Spiderman
Of course there are lot of fraud cases pertaining to selling the same piece of land to multiple people at different time with the collusion of the bureaucrats.
Meanwhile in your case, its not clear from #2, whether the 2 acres & 7 Gunta was only notified for NICE road or physically acquired by NICE by paying compensation ?
Many times, there will be a lot difference between initial notification and final notification. If the concerned authority concludes certain part
of the notified land doesn't meet their purpose/for some specific reason/loosing court case, they release it back to the land owner.
if the #2 said land is denotified at a later date/NICE has not taken over the earlier notified land, I feel, there is no issue for your concern of #3.
It can be verified in EC(at least last 20 years) where all the change of ownership available.
Of course there are lot of fraud cases pertaining to selling the same piece of land to multiple people at different time with the collusion of the bureaucrats.
Meanwhile in your case, its not clear from #2, whether the 2 acres & 7 Gunta was only notified for NICE road or physically acquired by NICE by paying compensation ?
Many times, there will be a lot difference between initial notification and final notification. If the concerned authority concludes certain part
of the notified land doesn't meet their purpose/for some specific reason/loosing court case, they release it back to the land owner.
if the #2 said land is denotified at a later date/NICE has not taken over the earlier notified land, I feel, there is no issue for your concern of #3.
It can be verified in EC(at least last 20 years) where all the change of ownership available.