A mistake on my land plot no
Querist :
Anonymous
(Querist) 28 May 2020
This query is : Resolved
I purchased 4 Decimel Land on 2014 . On my all documents Plot No is 401 . But now I see 2.5 Decimel Land in 401 and 1.5 Decimel Land in 402 . I contact with seller , but seller not agree to correction .
But seller till now 16 Decimel Land in Plot No 402 and 4 Decimel Land in Plot 401 . Actually recently When measure from boundary of plot no 401 or 399 (South Side) , Show South and North - 38Feet and East & west 37 Feet in plot no 401 . But When measure from Boundary of Plot no - 402 ( North Side), Show South and North 38 Feet & East and West 24 Feet. Actually My Possession - (South and North - 38 Feet , East and west - 46 Feet ) .
P. Venu
(Expert) 28 May 2020
The seller is legally bound to correct the mistake. You can serve a legal notice to him before initiating any litigation.
Dr J C Vashista
(Expert) 28 May 2020
You are stated have noticed the error in 2020 whereas you have stated to have purchased the property in the year 2014, what were you doing for the last 6 years ?
Issue notice to vendor.
Raj Kumar Makkad
(Expert) 28 May 2020
A person legally cannot sell the property not under his ownership. May your seller sold the property correctly in plot no. 401 but his possession might be in two plots partially. If so, there is no requirement of the correction in the sale-deed rather a correct possession is to be taken. You need to move an application to Tehsildar for the measurement of the plot no. 401 so that you may get its possession. The owner of plot no. 400 might be in the partial possession of plot no. 401 also. So a measurement of all adjoining plots is required instead of changing sale-deed. Your seller cannot give/transfer better ownership rights which he was holding prior to such sale.
Rajendra K Goyal
(Expert) 28 May 2020
For correction of mistake in the sale deed, rectification deed needs to be executed. As the seller is not cooperating at present, alternate procedure must be adopted.
You can request the Tehsildar for demarking the correct boundaries of the purchased plot and get possession accordingly.
Rajendra K Goyal
(Expert) 28 May 2020
Whether you are in possession of full plot?
Whether any portion of the plot is possessed by some other party?
If so, try to have settlement with him. In case the other person is not ready for compromise, discuss with local lawyer for vacating the illegal possession on your purchased plot.
Raj Kumar Makkad
(Expert) 28 May 2020
It is no so easy as told by Mr. Goyal. All adjoining plots are required to be measured and then only the exact position shall come out. It is t be done by the revenue authorities. God knows who is in possession of whose plot so untill and unless this exercise is done, none can be blamed and the question of compromise in that event do not arise.
Raj Kumar Makkad
(Expert) 28 May 2020
I am of the consiidered opinion that the registered sale-deed has rightly been made but the possession is not correct strictly in consonance with the said sale-deed so it requires due measurement and only then the possession of the exact plot can be obtained either by way of settlement or through court of law. It shall be in the best interest of you have possession of your own plot otherwise you shall have to face problems at all levels.
Querist :
Anonymous
(Querist) 28 May 2020
But seller till now 16 Decimel Land in Plot No 402 and 4 Decimel Land in Plot 401 . Actually recently When measure from boundary of plot no 401 or 399 (South Side) , Show South and North - 38Feet and East & west 37 Feet in plot no 401 . But When measure from Boundary of Plot no - 402 ( North Side), Show South and North 38 Feet & East and West 24 Feet. Actually My Possession - (South and North - 38 Feet , East and west - 46 Feet ) .
Raj Kumar Makkad
(Expert) 28 May 2020
Measurement is the only solution to your problem. Revenue officers concerned with the measurement, do possess a machine meant for the purpose which generally do not make any mistake if properly applied and otherwise also the physical measurement is made from 4 established corners so that exact point may be got reached. Apply to Tehsildar for the measurement.
Dr J C Vashista
(Expert) 29 May 2020
I agree and appreciate expert advise of Mr. Raj Kumar Makkad.
Apply for demarcation of land / plot to concerned revenue authorities, wherein certain fees (differs from state to state) has to be deposited.
P. Venu
(Expert) 29 May 2020
To my knowledge, plot number is not a unit of revenue classification for land; it is the survey number and its subdivisions . The facts posted suggest that plot numbers are those assigned by the vendor who, as is practice nowadays, has made lay out for the land and sold different plots. Of course, survey could be done and boundaries demarcated, but that would be based on the mutation, if any, carried out in the village records based on the subsequent transactions.
Raj Kumar Makkad
(Expert) 29 May 2020
I pay my regards towards Dr. Vashishtha. Entry of the mutation is the prime requirement.
Rajendra K Goyal
(Expert) 29 May 2020
If agreement based on mutual understanding is not arrived, move to court against parties who is in possession of any portion of your plot. Your lawyer may pray court for demarcation of the plot based on sale deed / revenue record. May pray court for appointment of local commissioner / direct revenue department to bring correct position regarding plot.
Querist :
Anonymous
(Querist) 29 May 2020
I found measurements from govt amin last week , Govt amin say no problem in Your plot in 401 and 398 . When he measure from South Side of plot no 401( South & North 38 , East and west 37 ) amin says not required for correction. A small area in 402 .
But when amin measure from plot no 402 boundary (South & North - 38 ft , East & West - 24ft ) in Plot no 402 .
How to solve this problem? If small area in 402 , required for correction in sale dead?
Raj Kumar Makkad
(Expert) 29 May 2020
Why had you suppressed this material fact of getting the measurement last week from Amin? Are we astrologers? If you don't submit all relevant facts in your query, nothing fruitful shall come out. Free advice doesn't means that an author has got every right to waste the valuable time of the lawyers.
Anyway, if the measurement of the Amin is found contradictory then you need to against move an application before Tehsildar with prayer to measure the same through machine meant for the purpose or through any senior Girdawar. I think your property falls in UP.
P. Venu
(Expert) 30 May 2020
To my knowledge, Amin is a court official. Whatever he has done and opined cannot but be in his personal capacity.
Raj Kumar Makkad
(Expert) 30 May 2020
Amin is appointed by Tehsildar for the measurement but if there is self contradiction in his measurement then definitely an applicant has a right to get the land again measured.
Rajendra K Goyal
(Expert) 30 May 2020
If any contradiction is found in the measurement, move to Tehsildar for removal of such contradiction by appointing some senior official.
If any portion of your plot is occupied by other, civil suit has to be filed if not settled amicably.
Raj Kumar Makkad
(Expert) 30 May 2020
If there is no consturction over the adjoining plots then revenue authorities can also get the matter settled and in that event, there shall not be necessity to approach the civil court.
Rajendra K Goyal
(Expert) 31 May 2020
In case construction is there in adjoining plots and amicable solution not possible with them, shelter of law through civil court has to be taken.
