Difference in area and survey no of land purchased and possessing
hari
(Querist) 07 July 2014
This query is : Resolved
Sir,
I have purchased 80 cents of land of a particular survey no in 1994 from a person who was in possession of the same since 1940 and the same has been transferred to my name in the village records after "POOKKUVARAVU".Now my land is measured by the survey department and it is stated that my holding covers only 75 cents of that particular survey no and out of the remaining in my possession 2 cents is PORAMBOKE and 3 cents pertains to another survey no as per the resurvey plan of 1976. i would like to know whether the authorities can reduce my area in the records as per the new measurements without my consent and evict the difference in area for which i have paid value and is in my and my sellers possession for such a long period. What remedial measures is available for me.
SURESH BV, Advocate
(Expert) 08 July 2014
Dear Mr.Hari,
Before carrying out survey of any land, the Survey Authorities ought to have issued notices not only to the person who is in possession of the land but also to all the persons who are in possession of the surrounding land. The measurement of the land should be carried out in the presence of the all the parties. If the measurement is carried out in the presence of the all the parties, the Survey Authority can REDUCE or INCREASE the extent depending upon the actual available land. If the notice is not served upon you, you can always challenge the orders passed by the Survey Authority.
Raj Kumar Makkad
(Expert) 10 July 2014
Apart from the one of the remedies told by expert Suresh Advocate, I am of the opinion that it is buyer who has to become vigilant when he actually takes possession of the purchased land which should be same as shown in the sale-deed. Merely long possession over the land is not a proof of its ownership. Only survey can decide whether the possession is over the same land or not.
If you are in lesser share than recorded in your mutation then you can seek partition of the joint Khewat and can get possession of the balance area in the same Khewat.
