My father (B) and his 2 brothers (A&C) executed a HUF partition deed somewhere in 2008. Among other properties, there was a 12 acres land which was equally divided among the 3 (each got 4 acres of land). The land is in Andhra Pradesh. We had performed agricultural activity on our 4 acre share between 2008 and 2022.
C had sold his share of 4 acres in 2011 & 2012 in the form of plots to M. C has no idea on plots and all. The buyer M had made plots, provided roads, done the paperwork and all. But the sale deed between C & M says that C has sold the 4 acres in the form of plots. Here are the issues:
- The sale deed between C & M says 4 acres is being sold in the form of 20 plots. But when we total each plot area (mentioned sq. yds), it exceeds 4 acres!
- M has subsequently sold these plots except for 1 plot, and those buyers have also sold it subsequently. At max, the plots have changed hands 2 times to 4 times.
Now in 2022, when we applied for a government survey, the surveyor says that we have 1 acre shortage as some buyers of plots in C’s area have encroached our land and laid the fencing (no construction is done on any of the plots). I want your expert guidance as to how we should proceed with this (through the court of law or out of court mediation), what are the chances of we get our land back, and who will bear the burden/penalty/legal action. We have the EC, 1B, adangal, sale deeds of all transactions. Thank you and appreciate your help.
