Measurement extent is much less than boundary in rsale deed
Querist :
Anonymous
(Querist) 07 July 2017
This query is : Resolved
A registerd sell deed excuted by a step mom A to step son B 2001, to save a stamp duty area was shown 50x10=500sqft, in that particular gatta number she had her total share is 2400sqft , in sell deed she has mention that " in gata no. 20/142 hec. 500sqft my entire share i have sold" and boundary she has given of 2400sqft.in sell deed . on the basis of word "entire share " a mutation also done and her name was removed from revnue records , a house was built by a step son B on 2400sqft , she has given a notrial affidavit 2004 that she has given her entire 2400sqft to her step son though area mention less in registerd sell deed. till 2016 no problem was there but now A and her son asking share in 2400sqft. B is in possession on that land now commercial house was built on 2005 and fro 2005 that was rented to bank with agreement by B. please suggest what sholud B do.
Raj Kumar Makkad
(Expert) 07 July 2017
A though legally has not sold the entire area of 2400 Sq. Feet to B and both of them are involved in the fraudulent activity of theft of stamp duty even then A cannot resile from her duly sworn affidavit mentioning therein that she has sold the entire area of 2400 Sq. Feet to B and she has no concern with the same. B can file a civil suit seeking declaration to the effect that he is absolute owner to the entire property and A has no concern what so ever with it. mandatory injunction should also be filed an thus stay order against dispossession should be got obtained.
Kumar Doab
(Expert) 07 July 2017
AQ and repeated……………………
Raj Kumar Makkad
(Expert) 07 July 2017
I couldn't take into care that the query has been raised in anonymous name hence have replied erroneously.
Raj Kumar Makkad
(Expert) 07 July 2017
Even repeated query should not have been raised by author.
Kumar Doab
(Expert) 07 July 2017
The boundaries are mentioned and stamp duty is paid as per area in sale deed.
As already advised if A is alive approach local counsel.
Rajendra K Goyal
(Expert) 07 July 2017
No reply to query from an author who is anonymous.
Querist :
Anonymous
(Querist) 07 July 2017
sir anonymous was selected by mistake i am sorry for that. sir now A (step mom) is asking for share in 2400sqft though before she has given a notrial affidavit that she had given entire share i,e, 2400sqft on that basis b has got lone from bank for construction in which A was garantor , B has finished the loan , please suggest some remedies for B as per the deed his share is only 500sqft.
Querist :
Anonymous
(Querist) 09 July 2017
B father had two wives A and C (B mother ) both are alive, In 2000 plain paper signed by A, C nad B father (C and B father signed as a evidence) mentioning on that palin paper the A has given her entire share i.e. 2400sqft in gatta no. 20/142 hec. to B on a consideration of 5 lakh , then in 2001 again A has given same land to B by a registerd sell deed mentioning " in gatta no 20/142hec. 50x10=500sqft my entire share have sold" and given the boundaries of 2400sqft . on the word " entire share" basis mutaion was done and A name was removed from revenue records from 2003 , a house map for construction was passed in 2004 from government authority for domestic use and in 2004 A has given a notrial affidavite to bank that "she has given her entire share i.e 2400sqft to B though in registerd deed area shown less" on this basis bank has provided loan to for construction and made A as a garantore in B's loan. from 2005 bank is on that property on rent and loan is cleared now. in 2017 A and her son asking for share as they are saying that B is the owner of 500sqft only as per registerd deed.
Kumar Doab
(Expert) 09 July 2017
You have been advised in both threads.
Querist :
Anonymous
(Querist) 11 July 2017
Mr.kumar doab will you please explain or elobrate your answer.
Querist :
Anonymous
(Querist) 11 July 2017
makkad sir as per registraion act unregisterd sell deed will not use as a evidence then how could the value of notrial deed will be proved by B
Querist :
Anonymous
(Querist) 11 July 2017
dear Mr. Perfect if the solution is depend on name so my name is vijay an i am advocate from uttar pradesh. in registerd deed in hindi it is mention that " 500 vargfeet apna hissa musalam baiy kiya " musalam means entire whole. matter would not coverd by adverse possesion because at per notrial it is permissive possesion. so please suggest remediy as per law or referrance cases . boundary will also not prevail in this case as area is mention clearly and stamp duty is also paid , does 53A work in this as in 2000 the written agreement or sell deed was done on plain paper.
