Incorrect boundaries entered in a sale deed
Sanju Kumar
(Querist) 21 November 2018
This query is : Resolved
Due to my personal needs I sold a piece of agricultural land in 2016 employing a broker, while executing the deed, broker convinced me to add 10' pathway in one direction saying this pathway will be provided by him on broker's cost and that without the defined pathway, parties will not buy the land. Other than in the chouhaddi (boundary) part, there is no mention of this pathway anywhere else in the majmoon (description) of the deed, nor in the original agreement I signed with the broker. Broker sold this plot to 4 different parties.
This land is beside a sarkari payeen and other than the first buyer, there is no other approach for subsequent buyers as it was an agricultural land. Believing him, I executed the deed and he convinced me to sign the deed mentioning this pathway in one direction, but now he is saying I have to provide that 10' pathway. This will mean a loss of at least 2500 feet as the plot is almost 250 feet in length. What options do I have? Is it possible to file a lawsuit against the broker and the buyer? Kindly suggest me.
Dr J C Vashista
(Expert) 21 November 2018
Commercial query.
Engage a local lawyer.
Kumar Doab
(Expert) 21 November 2018
Did you sign any agreement with broker on obligation of Broker as agreed by broker?
Is there NO passage to reach plots?
On what counts you want sue the broker and your buyers?
Kumar Doab
(Expert) 21 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue /Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for financial matters or any matter about which you are not properly informed.
Sanju Kumar
(Querist) 22 November 2018
Thank you all for your remarks, yes I did sign an agreement and discussion was held with one of my co-sharer as well, however, I doubt the broker will agree to remember his verbal talks. This was an agricultural land so there is no passage except for the first buyer who has a surveyed payeen in one direction. I have tried local counsels already, they simply said the boundary will prevail, and they rather suggested to sale off the remaining land I have there (with different khata/khesra numbers). Any further guidance in this matter will be deeply appreciated.
Sanju Kumar
(Querist) 22 November 2018
I want to sue the broker and buyer on the grounds of not paying for pathway and yet trying to claim more than the land they purchased. As I mentioned earlier I did sign agreement with the broker and there was never a mention of any pathway to be left at my cost, in fact on the same ground he asked for a reduction in rates that he will have to provide for approach at his own cost.
