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Mahesh (Manager)     27 March 2010

My revenue site dimension is different than sale deed

I had given a GPA to one of my uncle in India when I was abroad. While I was in abroad, he purchased a revenue site for me in Bangalore. Site measurement shown in the registered document is 57x35 feet.  When I came to India, I measured the site and found site dimension is only 50x35. If I measure the site as per sale deed then site will get extended till the middle of road. I don’t know its intentional or un-intentional mistake from my uncle, who did not measure the site at the time of purchasing. I asked the person who sold this site and he says, please put the fence as per your record and if somebody asks, I will take care of them. So I erected a fence also. Now somebody has trespassed my site in the night and they have removed the fence saying fence is in the middle of the road.  I don’t know who has removed the fence also. I have friendship with one local person there, so I am in touch with him over the phone. I believe in whatever he says. (That’s what I have to do). I have a brother, but I cannot pass all these troubles for managing by him as he is having family and he is busy in his work. Also I have not spoken to the person who sold this site to me since last 10 months as I feel he cheated me. Now also I am in abroad and find difficult to manage the situation. Currently I am not in good terms with my uncle because I felt he cheated me in purchasing this site. Over phone, talking to the people, I cannot do much and I have to visit personally. I may clear the issue visiting personally but again am out of the country for 6 months and people in and around may again play with me, remove fence etc., There is no approved LAYOUT PLAN exists for this site/layout to say that each site in this layout is of this size, this dimension only. Revenue site is formed from the agriculture land. I have khata in my name; I have erected one temporary shed also in the same site and taken electricity and water connection after paying the deposit to the panchayat.  Sometime I think, solution for this is just leave the 7x35 feet that is extra and keep quiet, by this way I can have peace in me and I need not to quarrel/argue/fight with any people. But I feel I need to teach a lesson to the people there.,viz., to the person who sold the site to me and to the person who removed my fence. I am thinking of lodging CRIMINAL CASE on the person who sold the site to me as site measurement is false and he has cheated me. I am also planning to lodge police complaint on both the person who sold the site and who removed my fence in the night trespassing my site. Really I get angry too much because I put my hard earned money there. I left my family, my kid, my parents, my friends and everybody and I came to abroad to earn money and to make something in India. But now I feel I have been cheated and I get frustrated.  I would appreciate your detailed advice on how to go forward. Regards, Mahesh Rao., Date. 27th Mar 2010



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 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2010

If it is a road , you can not claim. Eller had no right to sell that portion of land. You can file a suit for refund of  sale amount for 7 feet and also for damages.

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2010

kindly read seller in place of eller in above reply.

Suryanarayana Tangirala (Advocate)     27 March 2010

U can definetely take legal action against your vendor for that part appraoch a lawyer and proceed against him


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