We have bought, registered 3 30*40 corner sites in Max Keerthana in devanahalli, a year later when we went for site visit, for our surprise, gated community changed as BSF soceity. Overall picture. Land owner has asked Maxworth for selling the sites, maxworth realty has sold some 50 sites in name of Max keerthana in which we have bought 3 sites (30*40 corner sites)in 2012 with site number 34, 48, 64, It seems BSF has approached land owner(or viceversa) for buying all his land (leaving already registered sites )for some price. Before selling remaining sites to BSF, he has added some more land to the DC approved layout plan, changed all plot number and dimensions accordingly to new layout plan and got BIAPPA approval. According to new plan our 3 sites will fell in new site numbers (27,36,52), 1 site (27) has same 30*40 dimension but not corner plot anymore, other 2 sites (36,52) has now got into bigger plot sizes 40*80. We approached Maxworth for sale deed rectification or give 30*40 site, but they are not responding correctly. we approached Land owner, he is telling to give back our sites for lesser price than we took 5 years back or can negotiate with price or asking us to cancel the saledeed and to re-register new site numbers (27,36,52) paying today price value according to new dimentions. In EC, still our names are there for our registered site. 1. Please let me know is it better to sell our site for the bought price or what to be done so that, our sale deed show correct plot number and dimension in new layout, so that we can plan for constructing a house/ or for sale. 2. If any case/complaint to be registered, on whom to be blamed (Land owner or Maxworth realty). what kind of case to raised, is it beneficial? 3. Any other suggestions. Note (house is not built on our site it still vacant) Thanks, Santhosh
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1)you can file complaint before consumer forum against land owner and developer to direct them to execute deed of rectification as your plot numbers have changed , dimensions of plot have changed
2) you can also seek litigation costs and compensation and compensation for mental torture undergone by you
3) it does not make sense to sell your plot for lower price back to landowner
1. Dont be under any pressure to re-sell the sites bought by you to the owner or the real estate company.
If you have bought the site under a registered sale deed, you may take possession of the property by fencing your property boundary with barbed wire fencing for the present to prove your possession and enjoyment of the property.
If ther is any objection from any person or the owner you may file an injunction suit agaisnt the persons objecting to your act of fencing your own property.
2. You have to take action agaisnt the seller for not handing over possession, if it was not done earlier when you have purchased the property and no action is maintainable agaisnt the owner.
3. You may ascertain the situation and take the help and suggestions of an experienced lawyer who specialises in such civil matters and initiate proper legal actions immediately or else you will tend to lose the property.
Sir, You can take both criminal and civil action against land developer.
1. As part of criminal action, It is not only cheating/forgery but also violation of terms and conditions of sale deed. You may approach local ACP along with the proof of documents.
2. As part of civil action, you can issue legal notice to developer for the recovery of damages.
You may get in touch with me for legal help.
Thanks,
Adv.Niranjan,
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Thanks for all your responses, i am really glad that i got reply positively. So i went through all the documents including DC approved plan, Biappa approved plan. Sorry for my misunderstanding about dimension change. Correction to my previous mail: Dimension has not changed in the BIAPPA approved layout plan to the DC approved layout plan for which our plots are registered. All 3 of the corner plots are in exact dimension and same place, it is like carbon copy, but plot numbers are different in BIAPPA approved plan. In this situation, do i need rectification deed? Since, there is no error in sale deed when registration happened at that moment which is in accordance with DC approved layout plan. Cant i get KHATA certificate for modified plot number showing our registered sale deed which is in sync with Biappa approved plan in location and dimension but only plot number differs . BSF housing society which has purchased whole layout is willing to purchase our plots for present site rate, we too are interested to sell. In order to sell our plot we need to get KHATA and to show that our registered plot 65.. is indeed what it is mentioned as site 27.. in BIAPPA approved layout. How to make this sale legally correct without going for rectification deed.
You need rectification deed if plot number is different in your sale deed and in layout plans
Only then can you apply for khata or property card in your name
Sell the plot to BSF society
In this situation, do i need rectification deed? Since, there is no error in sale deed when registration happened at that moment which is in accordance with DC approved layout plan.
If you find any error in the registered sale deed and not in accordance to the facts, then you may always go for a registered rectification deed rectifying the error now observed.