Response

Society has to execute deed of rectification in favour of lthe allottee or his legal heirs to rectify the mistake in area of land

2) it will not create any problems of you want to sell your land

3) stamp duty woukd be upon area mentioned in your sale deed.
You can get patta in your favour, but it is upto revenue authorities tivgive Patta for land showing in documents or actual land available. Better to sell by stating actual facts if you sell land by executing document by mentioning 3600 Sqft it may later leads to complications, prospective purchaser can file a case by stating that he had paid for 3600 sq. ft and in fact there is only 3100 sq.ft available.
1) it is always better that deed of rectification be executed to rectify mistake in the area of plot

2) deed of rectification shoukd be duly stamped and registered

3) if allottee legal heirs not available obtain letter from society that actual area is 3100 sq. feet

4) stamp duty would be payable on 3100 square feet as measurement.
In case I want to sell this property, will it create any problems. Can I obtain a patta in my name after taking the actual measurements , make a suitable recital in the sale deed at the time of sale and proceed with registration without any hassle.? Will stamp duty be on actual area or the increased area wrongly stated earlier.

Or is there any other course of action to be taken?

If you propose to sell the property to a prospective buyer at a later stage, you may first ascertain actual available property by getting your property measured by a government surveyor based on the revenue records held by the VAO/land revenue department.

After getting the surveyor report, you may issue a notice to the erstwhile vendor by registered post demanding him to execute a rectification deed in respect of the actual available area and register the same in your favor.

Let the notice be returned undelivered stating that the addressee not available or died or left or anything.

Subsequent to this, you may aproach the jurisdictional registrar’s office with an application for permitting you to execute a rectification deed by yourself in the absence of the vendor.

The registrar will reject or refuse permission, then ask him to give the same in writing.

After that you file a declaration suit before civil court to declare that actual area available in the property which is different to that of the area mentioned in the title document.

You can enclose the surveyor report, undelivered legal notice, copy of letter requesting the registrar for permitting you to execute a rectification deed, the registrar’s reply.

The registrar may be impleaded as a party to the suit as defendant besides the vendor.

Consult a local advocate on further issues.

You cannot sell the property by reducing the area in the sale deed by making corrections yourself, it would be invalid and illegal.

Reference:

2021001352021004313165

LAWAYZ-2023-457