More land area than in parent sale deed
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
Dear Lawyer,
Am an NRI, in Jan 2006, both Seller and myself had fix the price for a prime location property per Cent basis (436 SqFt) for a total the land area 16.5 Cent (7194 SqFt).
In the past it's used to be an agriculture land and seller used to own a huge land (about 1 acre and 30 cent). Since 2000 he has started to sell piece by piece and the final piece along the main road was sold to me.
However during the sale process, seller engaged the land surveyor to reconfirm the land area and both discovered an additional 1.5 Cents (about 700 Sq Ft) not listed in Parent deed but within sellers compound. In view of that he has demanded sale amount as per new measure. I have taken the issue to Land registrar and local civil lawyers, both suggested that olden days agriculture lands are used to have lot of up and down and ground levels are not even in that site, in view of that earlier measures may not correct. They have suggested registering as per current measures. In view of huge advance amount, I have followed their guidance to avoid further dispute.
Subsequently I had necessary authorities Land and Building approval, patta, Chitta etc for the above property as per new sale deed. Also the said property is under bank mortgage.
Recently my father had a verbal dispute with a neighbor who is recently bought the adjacent plot and driving thru my vacant land. The person is demanding a common Drive in path way to his plot or minimum Parking facility within my land, if I refuse he is threatening my father to submit a petition to civil court to invalidate my sale deed. He is a relative to ex MLA and continuously giving trouble to my father.
Is there any way I can legally close the land measurement dispute and don’t want any dispute on total land area. If the additional area is not really valid, I don’t mind to give up to next compound which is Govt School or even to main road which is upfront of my Plot.
Kindly advice the next step to legally close the dispute.
Sincerely
Raj Kumar Makkad
(Expert) 05 September 2011
It is better if you do not purchase 'dispute' by incurring a huge money. Your father is not capable to look after the disputes connected with that land.
prabhakar singh
(Expert) 05 September 2011
i am also of a similar view as is of Mr.Makkad.
ajay sethi
(Expert) 05 September 2011
obtain an injunction restraining your neighbour from entering your plot of land .file a police complaint against him
Devajyoti Barman
(Expert) 05 September 2011
Yes filing a suit for declaration and injunction would be a good option.
Querist :
Anonymous
(Querist) 08 September 2011
My sincere thanks for all your guidances, I will follow-up with a lawyer to expedite the declaration and also to get an injunction on this matter.
Sincerely
