Fraud by seller of land in relation to area of the land.
NIMESH
(Querist) 29 December 2019
This query is : Resolved
Dear Sir,
I had purchased agriculture land in the year 2011 which i get registered for 1 Hectare but when i get is measured with government officiers it is reported that the area is short by 20000 Square feet now how can i get these encroached land back or can i sue the seller for refund of excess amount taken by him as already he sold some of the land to others?
Please guide on above two measures and any other best measure i can go with.
Thank you in advance..
Sb Karma
(Expert) 30 December 2019
sue the seller with demand of more land or return your money
Sb Karma
(Expert) 30 December 2019
while you registered that land did you get measured by any officer????
if yes then link that officer in your sue too.....
P. Venu
(Expert) 30 December 2019
No definite suggestion is possible unless the sale deed and the related documents are perused.
Shailesh Kumar Shah
(Expert) 30 December 2019
File case for recovery of land and cancellation of sale deed, which was subsequently executed after your sale deed
K Rajasekharan
(Expert) 30 December 2019
It was your duty to measure the land and ensure that there was no shortage in the area as agreed upon, before entering into the purchase deal.
You cannot attribute fraud on the seller after a lapse of eight years, while the land was in your possession.
However you can recover the land if it is wrongfully possessed by the adjacent land holders in excess of what they really own, by pursuing a suit for the purpose. But is a strenuous task.
Dr J C Vashista
(Expert) 31 December 2019
"Buyer beware" is an old maxim, you must have get it checked before finalisation of purchase transaction, which can not be rectified at this stage i.e., after 10 years ???.
However, show the Sale Deed to a local prudent lawyer for better appreciation of facts/document, professional advise and proceeding.
T. Kalaiselvan, Advocate
(Expert) 01 January 2020
You first get the property surveyed by the government surveyor and find out the actual extent that is available in your possession and also find out that what about the property which is falling short as per the registered sale deed in your possession.
If the short fall property has been encroached by the neighbors, then you can file a suit for declaration of title and recovery of possession of the property that has been encroached by the neighbors
First you may gather substantial documentary evidences to prove your case and then fight it out legally.
.
ashok kumar singh
(Expert) 04 January 2020
agreed with the earlier expert opinion,
thanks' & regards'
Ashok Kumar Singh,
Advocate
