Rectification of gift deed

Maria (Querist) 30 March 2016 This query is : Resolved
My mother bought a property(a 30 year old house) in 1981.Recently in 2014, she has given the property by executing a gift deed to me(daughter).Now, I decided to renovate the house and demolished it.I accidentally checked the area mentioned in the document with the actual measurement of the house.I found that that actual measurement was 50.5 X 20 whereas in the property document it is mentioned as 45.2 X 20.The same is found in the sale deed that my mother did in 1981 as well.I would like to correct the dimensions now.I do not know the whereabouts of the seller from whom my mother purchased the docs and not sure if he would help us to correct it mutually.Please advice us how to proceed.Thanks.

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r.sathyanarayanan (Expert) 30 March 2016

you mean to say you are having 106 sq ft extra with out documents, am i right.

do u have a approved plan for the old house,find what is the measurement shown there.

getting it corrected through the seller etc will raise unnecessary complications.

since you are enjoying the property for more than 30 yrs you will not face any problem even if you mentioned it in the planning permission request letter.even any one objects also we can go for injunction .

let us not cross the bridge before it comes.

Maria (Querist) 30 March 2016
Thanks Sathyanarayanan.
You are right, we have 106 Sq ft extra without docs.
Also, we do not have a approved plan.

However, one of the neighbours have raised a concern mentioning that we should not build in the area that is not mentioned in the document.

Another additional thought is that when we are looking out to sell this property later as well,we would require the exact measurement.
Your expert advice would really help.

Rajendra K Goyal (Expert) 30 March 2016
It seems the fact was due to mistake of original seller. Enjoy the property till it is challenged. Discuss with local lawyer.

Maria (Querist) 30 March 2016
Please let me know if can go ahead with the construction as I am afraid that my neighbour may raise objection though we are not doing any sort of encroachment.I am building the new house in the exact measurement as my old one was.

Can I file a case to request the court to help me with the correction.

r.sathyanarayanan (Expert) 31 March 2016
U can go ahead with construction,the 106sq.ft may be govt land.I assume it may not belongs to your neighbour.if possible leave that space in your neighbour side as abundant caution,but let him not know this. Put compound for the whole area including 106.
As I suggested if he disturbs get injunction against him.since it is with you for 30 yrs,don't worry.you wl win.