Land Boudaries discrepency
Y V Vishweshwar Rao
(Querist) 20 March 2009
This query is : Resolved
Land Boundaries Discrepancy ;-
A Person - X purchased 1-00 acres land with the boundaries as per the Sale document ;-
Wrong mentioned
Boundaries as per doct. Site Boundaries;
East;- Land of A East:- Land of D
West:_ land of B West:- Land of C
North:- land of C North:- land of B
South Land of D South;- land of A
X is in possession since more than 28 years -from the date of purchase
In fact the land purchased by X is with in the in the same boundaries ,
but the East, West, North & South Pole direction are incorrect on the actual
location and the same are the boundaries -
The Pole directions are only deferring on the site , there is no other change in the
boundaries and Land .The Land is situated in the same Sy number as mentioned
in the Document .
The Same boundaries mentioned in the sale document are either on one side or
the other side .
There was mistake while drafting the sale document- unregistered
by a Village person.
The there is no possibility to get another document from the Vendor,
for the reason that after 28 years possession of X, the Vendor
is trying to deny the sale -
There is no other change in the land .
With the above Site Situation boundaries the Property is located /identified and
in possession of X since 28 years
The Third parties ( other than Vendor ) are trying to interfere with the rights & Possession of
the purchaser
I request the members to clarify on the following and inform ;-
1 Whether the purchaser can successfully maintain a suit for a decree of declaration of Title & Injunction with actual location boundaries against the third parties (not Vendor)
by pleading the mistake in the old unregistered document .
2 Any citations on this aspect my be mentioned
3 I request the valuable suggestions on this issue
With advance thanks - Y V V Rao Advocate
sanjeev murthy desai
(Expert) 21 March 2009
Dear Y. V. V. Rao,
Firstly, have a good title under registered sale Deed from the Vendors ( or his legal heirs), then you can file suit for a declaration of title & injunction against third person otherwise not.
And completely go through the that document have any time limit to get a registered document.
Vendor does not has any right to deny the execution of sale deed in favour of Purchaser. If he denies file a specific performance suit against the Vendor
Any one does not have the right of title he cannot claim against others. But you can file suit for peace fule possession of that property against third person.
please refer this case law - 1993(4) KAR. L. J. 742.
sanjeev desai
A. A. JOSE
(Expert) 21 March 2009
Mr.Desai has rightly dealt with the issue and I thank him for the same.
adv. rajeev ( rajoo )
(Expert) 21 March 2009
when he is in possession of the land, he can file suit for bare injunction, because on the basis of the unregistered deed he cannot claim. IN an injunction suit possession must be proved, un regd. deed can be referred
Y V Vishweshwar Rao
(Querist) 21 March 2009
thanks to all the members
I request Mr Sanjeev Desai to post the full text of the 1993 (4) KAR.LJ 1993(4) page 472
The same is not available in our area
PALNITKAR V.V.
(Expert) 22 March 2009
Mr Desai is right. Mr. Rao I think you would be able to get the judgment on HC site.
B.B.R.Goud.
(Expert) 22 March 2009
yes, i do agree with my learned friends.
onece the private land is in possession for 12 or more years, as per the provisions of land laws, the possessor becomes absolute owner.
against the interference by others, he can institute a case, up on the borders issue.
it can also be refered to the govt surveyor, to surveying and certifying the correct boundaries and get the correct details in order to get solution for the dispute.
Hiralal Das
(Expert) 04 April 2009
Yes,I agree with my learned friends. Please try to follow their valuable opinions.
