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Prasad (cwa)     31 August 2009

Purchase of Residential plot of land

Dear sir, We Purchased a Residential Plot of land with size 38 feet width & 72 ft length. In Andhra pradesh & registration also is completed recently. But as per parent Documents & approved layout plan ,the plot size is 40 ft width & 72 ft length. But Physically 38 ft width & 72 ft length only is available. As per owner’s words 2 ft width of land is encroached by somebody. But the owner asked us to do registration with size 40 ft width & 72 ft length by paying amount for 38 ft width & 72 ft length only. Based on this we had completed the plot registration with size 40 ft width & 72 feet length .by paying amount for 38 ft width & 72 ft length. Besides this the owner has taken our signature in one stamp paper stating that even though plot registration was completed with based on parent documents & approved layout plan with size 40 ft width & 72 ft length but physically plot of land size 38 ft width & 72 ft length is only available. So in this regard please guide me about the legal implications & problems if any arising in future. So I hereby request to suggest in this regard.



Learning

 2 Replies

R.R. KRISHNAA (Legal Manager)     31 August 2009

There will no use in fighting with the owner (seller).  Now approach the person who has encroached your land and ask him to remove the encroachment within a specified period of time.  If he does not comply, then lodge a police complaint and try to recover your land.    

But still, if the encroacher does not comply, then you issue a legal notice and file a suit for mandatory injunction in civil court to remove the encroachment.

A V Vishal (Advocate)     31 August 2009

Prasad

Your query has been answered previously


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