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vikash (SPECIAL CORRES)     03 July 2024

Property dispute

One person bought property measuring 3000sqft now after 5years he found that in3000sqft he has left 800sqft as common road.But he has registered 3000 sqft.Now how to take back 800sqft.Does he require to file complaint against seller.



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

Why did he leave 800 sq feet for road purpose, did he get any compensation towards this land acquisition or that  his land was acquired by a notification?

You may revert with clear details  if you are really seriously looking  to know about proper opinion to your problem. 

vikash (SPECIAL CORRES)     03 July 2024

Sir he didn't left land he was unaware of fraud activity and while contacting seller he is not giving proper answer now.what legal action can be taken. Thanks in Advance

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

Let him get his property surveyed by a government surveyor and ascertain the extent of his property as per his sale deed 

If the extent is less than the one mentioned in the sale deed then he should confirm the extent of property as per the chain of documents. 

 

If it is found that the extent now in his possession is less than the extent mentioned in the sale deed then he has to find out the reasons for deficiency in the extent. 

If some portion of his property was acquired by government for road then whether it was before his purchase or after that?

There are lot of doubts to be clarified hence you better consult a lawyer and get the opinion in person. 

vikash (SPECIAL CORRES)     03 July 2024

Land is not acquired by Government rather the seller has left it as common road as people having land backside of his house don't have any other road for coming out. Can he send legal notice to resolve the issue for 800sqft or pay for 800 sqft.Is it the case of fraud done by the seller

Dr. J C Vashista (Advocate )     04 July 2024

What have you been doing during elapsed period of 5 years as 800 sq ft is a huge area deficit out of 3000 sq ft, if  facts posted are true / believed ?

Get the land measured and ask the vendor for its answer.

vikash (SPECIAL CORRES)     04 July 2024

Thank you for your reply sir

Seller is not giving any proper response so can we take any legal action against him

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

In my opinion there is a issue about the easement rights of the residents living at the backside hence the seller had intentionally left the said 800 square feet for the purpose of road. If you have paid for the entire 3000 then you can file a suit for retrieving possession of the left out portion of the purchased property by filing a suit for possession and consequential injunction. First of all consult a skilled lawyer in the local with all your papers and decide further course of legal action as suggested

vikash (SPECIAL CORRES)     07 July 2024

Thank you for you legal opinion sir

Dr. J C Vashista (Advocate )     08 July 2024

I concur the opinion and advise of senior expert Mr. T Kalaiselvan, file a suit for possession

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