• Can a Pattadaar passbook be cancelled when found wrong survey numbers in the property schedule

Dear sir / madam, 

Preson 'A' purchased agricultural land and obtained pattadaar passbook.

Person 'A' filed a court case against hie neighbour landowner 'B' for some property dispute and submitted his sale deed.

it is found the sale deed of person 'A', that the wrong survey numbers are mentioned in the proiperty schedule. property survey number mentioned correctly, buyt the survey numbers for the boundaries are mentioned wrongly. Those Survey Numbers DOES NOT EXIST.

Clarification Required:

(1) A sale deed with wrond survey numbers mentioned in its property schedule boundaries can be considered as a VALID DOCUMENT for issue of pattadaar passbook or INVALID DOCUMENT?

(2) Can 'B' approach RDO or MRO requesting to cancel the pattadar passbook of 'A', as the sale deed property scheule boundaries are having wrong.survey numbers?

Please Guide and Thanks in Advance

thanks and regards
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

A rectification deed should be executed 
after mutual consent of all the parties to the
main deed. All parties to the original deed
should jointly execute the rectification deed as well.

2) then passbook should be rectified

3) you can request RDO to cancel passbook as incorrect survey numbers are mentioned

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can go for rectification of the same before rdo

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

B has got no interest or rights in A's property until and unless his own property is affected by such erroneous survey numbers as appearing in the Pattdhar passbook. 

it is for the A to get a registered rectification deed rectifying the erroneous survey number appearing in the registered title deed as well as in his patta. 

For that he first has to get his property surveyed by the government surveyor  and ascertain the facts as well as correct survey number as per his registered title document to that of the pattadhar passbook issued to him and then approach the seller to execute the rectification deed. 

If the mistake is with the revenue department then he can apply for correction in the revenue records and to issue a rectified patta as well. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A rectification deed must be meticulously executed following the unanimous agreement of all parties involved in the main deed. It is imperative that all the original deed's signatories collectively participate in the execution of the rectification deed as well, reaffirming their mutual consent.

Subsequently, the passbook associated with the deed should undergo rectification. This step is essential to ensure that the passbook accurately reflects the corrected details as per the rectification deed.

To address the issue of incorrect survey numbers mentioned in the passbook, you have the option to formally request the Revenue Divisional Officer (RDO) for the passbook's cancellation. This course of action is necessary to rectify the discrepancies and inaccuracies present. By doing so, you can facilitate the rewriting of the passbook with the accurate survey numbers, thereby aligning it with the corrected information provided in the rectification deed.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Sale  deed is valid 

 

mere mistake in schedule does not invalidate sale deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The sale deed consists of schedule of properties too.

The schedule of property will identify the property only by its boundaries.

If the boundaries of the property are incorrect then the property itself is in  doubt.

Hence it is pertinent to rectify the errors wherever it occurs in the sale deed. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The sale deed is a valid document even if the survey numbers mentioned in the schedule property boundaries are incorrect, as long as the land survey number and the patta number are correct. The schedule property boundaries are just a description of the property, and the survey number is the actual identifier of the property.

However, the incorrect survey numbers in the schedule property boundaries can create problems if you ever need to sell the property or get a loan against it. The buyer or lender may want to verify the boundaries of the property, and they may not be able to do so if the survey numbers are incorrect.

In this case, you can either get the seller to execute a rectification deed to correct the survey numbers in the schedule property boundaries, or you can get a survey done to confirm the boundaries of the property and then update the schedule property boundaries in the sale deed.

Akshit Aggarwal
Advocate, Delhi
52 Answers

It’s valid document

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) VALID 

 

2) B cannot approach, A has to approach

Gaurav Ahuja
Advocate, Faridabad
136 Answers

Dear Client,

In your case, the land survey number in the sale deed and the pattadar passbook are correct. However, the survey numbers mentioned in the schedule property boundaries are incorrect. This could make the deed invalid if the incorrect survey numbers are material to the description of the property.

For example, if the sale deed describes the property as a plot with survey number 1234, but the schedule property boundaries show that the plot actually has survey number 5678, then the deed could be considered invalid. This is because the buyer would not be getting the property that they bargained for.

However, if the incorrect survey numbers are not material to the description of the property, then the deed may still be valid. For example, if the sale deed describes the property as a plot of land in a particular village, but the schedule property boundaries show that the plot is actually located in a different part of the village, then the deed may still be valid. This is because the buyer would still be getting the property that they bargained for, even though the exact location of the property is different.

Ultimately, the validity of the sale deed will depend on the specific facts and circumstances of the case.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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