Incorrect survey subdivision entries in EC and stoppage of apartment resale registrations—Tamil Nadu
1 Answer
Dear Client,
If the original 2015 sale deeds mention Survey No. 128/1 (part) and the Revenue Department later subdivided the survey number, the first step is to obtain the current Patta/Chitta, FMB sketch, subdivision proceedings and relevant Revenue records to establish which subdivision belongs to ABC.
If the problem is only an incorrect EC/indexing entry, and the registered deeds themselves are correct, rectification of the deeds may not necessarily be required; the SRO should first examine and correct the registration/index records as per the applicable procedure.
The later subdivision does not automatically invalidate the original sale deeds, but the exact legal position should be verified from the Revenue and registration records.
If registrations are being stopped, the association should request the SRO to provide the written order, reasons and legal basis for withholding further registrations.
The association can submit a common representation with supporting documents, while individual owners may also submit applications where required.
The EC correction process and request for resumption of registrations can be pursued simultaneously, particularly where genuine owners are being affected.
If the SRO does not resolve the issue, appropriate remedies may include approaching the District Registrar/Inspector General of Registration and, where necessary, the High Court for suitable relief.
You may opt for a one-on-one consultation with our office for verification of the Revenue and registration records.
Hope this clarifies your position.
OLQ LAW FIRM