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Less land measurement

(Querist) 26 October 2013 This query is : Resolved 
Dear Exprt I am buying a street type house measuring 20 feet front x 75 feet long 50 years old house. As per document plot size is 20 x 75 feet. We come to know the owner unofficially sold 2 x 75 feet on the east neighbour who has constructed a new house in 2012. East and west side has common wall. We want to proceed purchase with legal safeguard.
My question is:
1). Parent and EC land size is 20 x 75 feet. When we draft new document, new measurement would be 18 x 75 feet.
2). The owner says he does not have some parent document. What we have to do before registration?' Token advance is already paid.
Thanking you in advance.
ajay sethi (Expert) 26 October 2013
dont purchase the property . ask for refund . if seller does not have clear chain of title it makes no sense in purchasing property
Chakravarthy (Querist) 26 October 2013
Thanks Expert
Regarding less measurement in real and parent document & EC upto 25/10/2013, the land size is 20 x 75 feet.
in case he produce all chain except this un-official 2 x 75 feet, how I can proceed, the document writer will measure as 18 x 75, will it be valid
Thanks in advance. Regards
ajay sethi (Expert) 26 October 2013
in your agreement it has to be mentioned that part of land measuring 2 by 75 feet has been sold by him . the details of sale has to be incorporated in agereement
Rajendra K Goyal (Expert) 26 October 2013
The land actually purchased is to be mentioned in the documents with a description of original area.
Raj Kumar Makkad (Expert) 27 October 2013
The exact measurement can be got mentioned in the sale-deed and a site plan of the plot should also be got affixed with the sale-deed duly signed by seller so that all doubts ay be got cleared.
Raj Kumar Makkad (Expert) 27 October 2013
Recital in the sale-deed qua the earlier sale of 2 feet space should be duly mentioned.
Chakravarthy (Querist) 28 October 2013
Thanks Experts

Regards Happy Diwali
ajay sethi (Expert) 28 October 2013
thanks for your appreciation and happy diwali to you and your family


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