Ask builder to get survey of land done and get survey report prepared
2) the survey numbers in gram panchayat records and the sale deed should match
3) only then you should purchase the land
Conflict in the layout survey numbers and the plot sale deed survey numbers
I am willing to buy a new house in outskirts of Hyderabad, builder has purchased a plot a year ago and constructing house and selling, where the house is constructed in a plot and it is in the Gram Panchayat Layout. Layout has survey numbers of 156/B1, 156/B2, 156/B3, 156/B4 but where in the plot sale deed and encumberance certificate has survey numbers of 156/D, 156/F and even in all the link documents it is mentioned as 156/D and 156/F. The plot number which is there in the saled deed is also there in the layout there is no isuse in the plot number, the only issue which I am seeing is the survey number, layout and sale deed are not matching. I thought Builder might has wrong layout so I even asked in the local Gram Panchayat of that village but they are saying they don't have the layout and it got misplaced somewhere. So I approached bank(LIC) for leagal report, they said it is clear and they are willing to give the home loan. If I buy this property will I get any legal issues in future? Can I do the survey of that land by myself and prepare and layout with all the correct survey numbers and approach Gram Panchayat for the permission?
Asked 4 years ago in Property Law
Religion: Other
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
Builder saying he won't do as it's not his issue and it is a issue with the total venture. As I told when I approached the Gram Panchayat they are saying they don't even have the layout of this venture as it got misplaced. When I spoke with the initial venture owners who prepared the layout, they are saying yes it's a mistake we can't do anything about it now. When I approached bank for legal advise they are saying its not a big deal we will provide the home loan. So if I purchase the the house what complications I will get in future? As the sale deed, link documents and encumbrance certificate all are clear, having the same survey number and I only see issue in the layout that too in the part numbers, where part numbers are not matching in the sale deed and layout.
Asked 4 years ago
It is responsibility of builder to confer clear and marketable title to property
2) if there is mistake in survey numbers don’t purchase the property
3) when you try to sell the property in future you may face problems as survey numbers don’t match
If the survey numbers of the plots or layout do not match with that of the relevant documents held by the builder/seller to that of the village panchayat records, it can be easily concluded that the plots that you propose to buy are not the same property that is found in the panchayat records.
There is no reason for you to buy a proeprty which do not have proper details of the property especially corresponding to that of the government records.
If the registered sale deed held by the builder has a different survey number to that of the corresponding survey number in the government records, then it can be termed that this property is not the same property that you would like to buy hence you demand for the correct details and obtain a legal opinion from your own lawyer to proceed with the proposed purchase of immovable assets.
The financial institutions may not be keen on the exact details of the property while granting the loan, they will recover the loan amount in case of any problem in this regard in future,whereas as a buyer you may have to undergo lot of hardships and problems after buying the property with incorrect details and irrelevant documents or records.
Better think it over patiently, get a legal opinion from a local lawyer, if necessary you may get a second opinion too before investing into this asset and proceed only if your lawyers recommend and you are fully satisfied.
You have been thoroughly advised about the complications and the consequences that you may face after buying the proeprty with incorrect details or records.
If the builder/seller shows his hostile attitude now itself, he clearly indicates that he will be of no help to you in the future if there arises any litigation in future in this regard.
If you believe the oral assurances and casual attitude of the bank and other authorities in this regard then you can decide about the fate of the property and the events that may follow in future to create troubles and hardships to you, well, you can obtain legal opinion before you buy the property as a last resort.
1. Do Govt. Survey thru the offices of the Tahsil Survey Dept.
2. BASED on the above apply for rectification of revenue records.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
- Since you are going to purchase the said house from the said builder who has constructed the same , then it is the duty of that builder to deliver a clear property title .
- Further , if you will purchase this property with wrong survey number , then in future at the time of selling , you may face problems.
- However, the said builder can correct that survey number after executing a Rectification deed with the last seller of the land .
Dear sir,
It is very important to know about the property you are buying. Since you will be spending a huge sum of money, it is always advisable to be extra sure and alert. You have the right to be informed and seek right knowledge about the land, plot, property or layout. anything which is incorrect might turn against you in the future.
so you must do your research before spending your heard earned money.
The documents should not have any error on them or even, in case of error, you can always make a rectification deed.
since the bank wants your money, currently you need to be careful and not take loan because in future, this might turn against you, the bank might exploit you when it will come to pay the emi's.
You will not get a clean title if you purchase the same the title will be defective
