Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm

My father had purchased a DTCP approved property in 1972 from a society. He passed away a few years ago and the society is now closed. I am the only legal heir. When I tried to sell my property I got to know that the plot number has been mentioned incorrectly. There are only 366 plots in the layout and my property is the last one. Due to a typo the plot has been mentioned as 369. How do I resolve the issue?

Chokkappan

Chennai

The plan of the layout as approved by DTCP has to be looked into, together with the description of the plot, its boundaries and dimensions in the sale deed executed in favour of your father. If you claim that Plot No. 366 belongs to your father, it has to be ensured that the society has not sold the plot to some other purchaser. If it is eventually found that your father had actually purchased Plot No. 366 and erroneously, the same had been mentioned as Plot No. 369, the normal course would be to execute a deed of rectification. The same is now not possible as the Society does not exist anymore. You can issue a public notice to this effect and proceed to sell the property if the purchaser accepts the same to be in order.

Otherwise, you may execute and register a deed of settlement in favour of one of your family members narrating the sequence of events in the recitals and giving the correct description of the property.

Thereafter, it may be possible for you to sell the property as the prospective purchaser will have a better understanding of the facts.