Legal Question in Civil Rights Law in India

Sir,

I thankfully acknowledge to have received your reply dated 29.09.2013 given in connection with "How can I correct the survey number wrongly written in the Sale Deed ? ". I express a lot of thanks for your opinion. Kindly permit me to ask a few questions also in this regard.

1. That having heard your opinion "A" approached "B" to co-operate for correction in the Sale Deed but sorry to say that he is not co-operating by telling that he wants land now under survey Number "Y" though boundaries and possession of 2 cents of land in the custody of "B" is of survey number "x". "A" is not willing to accept his demand as the land under survey number "Y" is in a prime locality and cost of which is much higher than the cost of land comes under survey number "x". SHALL THE PURCHASER HAS ANY LEGAL RIGHT TO CLAIM THE LAND COMES UNDER SURVEY NUMBER 'Y' ?

2. That it is also heard that "B" took a handsome amount from bank against the Sale Deed. The bank will not give the Deed back unless all this dues are paid to the bank. The purchaser "B" is now not in a position to clear his dues.

In view of the facts stated above kindly opine on the following:-

(a) That "A" is in a hurry to get the corrections done whether "B" co-operate or not. What are the remedial measures/legal steps to be taken by "A" for the correction in the absence of "B" and also in the absence of Sale Deed ?

I may further add that now "A" is in abroad who has given me a notorized but (unregistered) General Power of Attorney dated 28.8.2008 on a non-judicial stamp paper for Rs.100/- witnessed by two persons in which inter alia this is also stated (1)......to protect and safeguard our properties (2) to institute suit or suits to safeguard our interest........(3) Generally to do all lawful acts necessary and incidental......

May I know whether I can approach the authorities and/or Hon'ble Court in connection with this correction being a Power of Attorney holder under the facts and circumstances stated above. For your ready reference my earlier question and your reply is furnished below.

How can I correct the survey number wrongly mentioned in the sale deed ?

1. That "A" possess a piece of land under survey No: x & y

2.That "A" sold 2 cents of land to "B" adjacent to 10 cents of land already in possession of "B"

3.That the intention of "A" was to give 2 cents of land to "B" from aforesaid survey No."x".Therefore the locations of the land sold was also written accordingly.

4.That while writing the Deed unintentionally instead of survey No."X",survey No."Y" is wrongly written on the Sale Deed.

5.That both the parties were not aware of the mistake at that time.

6.That "Pokuvarav"(transfer of land in the name of purchaser) of the land was also done by the purchaser. Now the purchaser has 12 cents of land as a single plot.

7.That later on "B" the aforesaid purchaser sold 12 cents of land to "C" who sold the same to "D".

8.That from "D", the aforesaid "B" again purchased the land.

9.That after few selling and purchasing as stated herein above, the above survey number mistake now revealed.

Under the circumstances I solicit your opinion as to how this mistake can be corrected and who is responsible to approach the concerned authorities i.e "A" or "B" taking into consideration of above selling and purchasing.

Dear Sir / Madam,

All transfers from A to B, B to C, C to D and from D to B are valid provided the prevailing Stamp Duty and Registration Charges for each sale are duly paid to the Government. The correction has to be made in the Sale Deed and notified to the Tehsildar / District Registrar for the record. All are equally responsible for this oversight and mistake.

With regards,

Yours faithfully

Dated 04-10-2013 (Baby Kutty.O)

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