Sundar 10 September 2020

Boundary measurement is wrong for property. can we buy?

I am planning to buy a land in Chennai. There is issue in measuring of the boundary.

In Year 1992, As per Document the land sold by Layout Designer Company to Person A with Schedule :- North Side : 35 Feet, South Side : 35 Feet, East Side : 35 Feet and West Side :35 Feet. Total Sq Ft : 1225. East Facing. in Patta the mention square feet is tallied.

But the actual schedule of property is North Side : 40 Feet, South Side : 40 Feet, East Side : 30 Feet and West Side :30 Feet. Total Sq Ft : 1200.

In year 2013, Person A sold the the land to Person B with the same wrong Schedule:- North Side : 35 Feet, South Side : 35 Feet, East Side : 35 Feet and West Side :35 Feet. He did not correct the schedule when he is buying.

Now i am planning to buy that land from Person B. The person B is giving Declaration Deed mentioning the correct schedule of the property.

Can we buy that land with Declaration Deed?

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 10 September 2020

A or his legal heirs shall execute a rectification deed to B which is a must. Then only anyone can the property from B.

Sundar 10 September 2020

Hello Sir. Thank you for reply. It is difficult to back track the 1992 seller and their heirs now.

Can we buy portion of the land says in Sale deed document,

Schedule as : East Side 30 Feet, West Side 30 Feet, North Side 35 Feet and South Side 35 Feet. Total Sq FT as 1050

Just I am decreasing the east and west side to 30 Feet. Which Covers as per previous documents schedule. ignoring buying the rest of the lands.

is it will be good option?

kavksatyanarayana (subregistrar/supdt.(retired)) 11 September 2020

it is legally not valid. if you go for loan on this no loan will be sanctioned.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 September 2020

To be the safer side register the rectification deed signing the deed by the same party, with the correct measurement

Sundar 11 September 2020

Thank you both of you for reply.

madhan ralley 09 July 2022

Sir my patta 17 are (31)kuzhi and settlement (31) kuzhi and present pathiram mentioning 17 are 31 kuzhi but moolapathiram is 24 kuzhi?now My land boundaries extend into opposite party land for 20 feet? Now what to do sir...