Conflict between area and boundary
Bhartiya No. 1
(Querist) 14 October 2009
This query is : Resolved
Respected sirs,
When there is a conflict between area of the land boundary shall prevail. Can I get some example. What exactly is this and in which condition it applies? Thanks to All Lawyers.
adv. rajeev ( rajoo )
(Expert) 15 October 2009
to measure the properties boundaries are necessary, only on the basis of the boundaries area can be measured, otherwise it is very difficult to measure the property so boundary prevails.Even if the boundaries are not correctly mentioned in the regd., sale deed and suit is filed, actual situation of the boundaries of the suit property prevails.
J K Agrawal
(Expert) 15 October 2009
If there is conflict in area and it does not matches the boundry specified then which will prevail? Certenly the ownership follows possession. If there is specific boundry to determin clearcut possession then measurement of area is of no value. It may be less or more the actual possession prevails.
