parent document and consecutive sales deed not matching
Boomi Nathan
(Querist) 19 August 2009
This query is : Resolved
Dear Sirs,
I bought a property in chennai in 2007 in a Unapproved lay-out which was formed in 1987.
My plot no. is 10 and my adjacent Plot is No. 11 in Eastern Side. The Northern boundary of Plot No 11 is 8. The first sale deeds executed in 1989 Clearly show that there is a 20 feet Road on the Eastern side of the Plot Nos. 11 and 8.But in the consecutive sale deeds The 20 feet road is taken away.The first Purchaser of Plot no. 8 buys only 60 feet on the Northern side in 1989 but he sells 80 feet in 2001.Thus occupying the 20 Feet Road. Similarly the First purchaser of the Plot No. 11 buys only 35 feet in Southern side in 1990 but he sells 55 feet in 2001. (Occupying our 20 Feet Road). And now the 20 feet road is completely blocked. That is the only access Road for us to reach the main Road. What is the remedy? Can we file a WP against the Sub Registrar in the Madras High Court to declare the consecutive Sales Deeds are Nil and Void?
(the 20 Feet Road is beneath the 33 KV High Tension Line)
Please advice.
R.R. KRISHNAA
(Expert) 19 August 2009
You can first give a representation to the Sub Registrar and the Inspector General of Registration regarding the issue.
If they do not take necessary action on the representation given by you, then you may approach the High Court by way of writ petition praying for direction to dispose of your representation pending before the authorities within a specific period.
ESTHERPRIYA
(Expert) 19 August 2009
You can file a suit praying for demolition of blockade by claiming easementary right of your property. Mostly the Registrar has nothing to do in this case.
Boomi Nathan
(Querist) 19 August 2009
Thanks for your Replies. When I contacted the Sub Registrar, I was told that he has no power to cancel the sale deeds without the consent of the both parties, even though there is Misrepresentation / fraud. That is both parties, the Seller and the Purchaser have to apply for canceling the sale deeds. Otherwise he can do so, thru the Court Orders.My question is whether we can directly approach the High Court or should we go through the lower courts. I was told it will take years together to get a direction in lower courts.Kindly advice. Thanks.
Y V Vishweshwar Rao
(Expert) 19 August 2009
You have to file a suit for declaration of Road mentioned in the Original Sale deeds of you and all other plots owners and for direction for removal encraochments on the-20 feet Road -Sale deed declared Road. The Plot No;- 11 & 8 owners have no right to include the Road in to their plots (in subsequent Sale Deeds on their Sales ) . Your Sale Deed in respect of Plto No;-10 shows that 20 Feet Road is existing . You have all rights to claim what your Sale Deed indicating - i.e;- Road Facilitiy . The suit may take a little time , we can not avoid it , You have to file suit in the Lowest Court having Juridiction on the Subject-proerty .
It is true , that unapproved lay outs are creating these problems in all areas !
Boomi Nathan
(Querist) 20 August 2009
Thank you. Please let me know whether any construction is allowed beneath the 33KV High Tension Line in Tamilnadu. And to whom should we complaint and who is the authority? Can TNEB give Power supplies to those constructions? What does the Electricity Act say?
Thanks
