Sharing of excess land area between the owners
Prakash
(Querist) 04 October 2013
This query is : Resolved
Dear Experts,
The total area of land bearing Survey # 9999 of a village is 10 Acre and it had 2 sub-divisions viz., 9999/1 and 9999/2. Out of which 9999/1 is a government pond and 9999/2 is a Patta land owned by a farmer.
(Of late the state Government has constructed bunds on 3 sides of the pond, which were adjacent to the patta lands. Now the area of the pond is 1.4 Acre only).
In the year 1978, the farmer had transferred 3.8 Acre to his wife by the way of a registered settlement deed. In which he did not specify the boundaries for it and also not updated the government’s records.
After 3 years, he has sold exactly 4 acre of land to a third party. In that sale deed, he had clearly demarcated its extent and the boundaries to it, as
West by: Y (A Patta Land) and the land owned by his wife (quoted her name)
East by: X (A Patta Land)
North by: Y (A Patta Land)
South by: Z (Government’s rain water canal).
The purchaser of this 4 acre of land had initiated a land survey and divided the farmer’s land 9999/2 into 2 sub-divisions viz., 9999/2A and 9999/2B. Since the shape of land Y is protruding into the farmers land, the sub-divisions were formed, in such a way that the land (9999/2B) owned by the wife of the farmer has common boundary with government’s pond (9999/1). On actual measurement, the total area of the Sy # 9999 land is found to be more by 0.8 Acre.
The purchaser of the 4 Acre land had induced the surveyor and made him to draw the boundary lines in such a way that, the farmer’s wife gets exactly 3.8 Acre under sub-division 9999/2B and the surplus area of 0.5 acre included into his sub-division 9999/2A. Subsequently both these sub-divisions were sold by the respective owners to 2 different persons, as 3.8 Acre & 4 Acre of land.
Now the bone of contention is, whether the surplus area of 0.8 acre to be enjoyed by the current owner of the sub-division 9999/2A or 9999/2B or to be equally shared between them or to be handed over to the government.
Please offer your expert Opinions and Comments to take up the case in favour of the contender.
Thanks and Regards,
SP
R.K Nanda 
(Expert) 04 October 2013
meet local lawyer.
Prakash
(Querist) 04 October 2013
Mr. R.K.Nanda's reply doesn't answer my query. Hence reopning the same.
R.K Nanda
(Expert) 04 October 2013
query too long to reply on free site.
Raj Kumar Makkad
(Expert) 04 October 2013
A seller cannot provide better rights to the buyer. when the sellers of 9999/2A and 9999/2B were having no legal right of ownership with them, they cannot transfer it to subsequent buyers and the letter still belongs to State so better to provide it to State instead of fighting fr its equal division.
Rajendra K Goyal
(Expert) 05 October 2013
Whether the area of the Govt. pond is mentioned as 1.4 acres or there happens some difference. You have to find out whether where the exact difference occurs. In you land or in the land of the pond. If it was your land, it was not sold and would be enjoyed by you. The third party can not claim more than what was sold by you i.e. 4 acres.
