jitendra srivastava (salaried) 02 October 2012

NEED HELP SUBJECT TO PROPERTY

DEAR SIR THIS IS REQUESTED TO ALL OF YOU KINDLY GIVE YOUR VALUABLE OPINION REGARDING PROPERTY CASE ON THE BASIS OF FOLLOWING GROUNDS, 1-THAT THE RESIDENTIAL PROPERTY IS SITUATED AT DISTRICT JAUNPUR,UTTAR PRADESH,INDIA AND SALE DEED HAS BEEN MADE BETWEEN THE PARTIES ON 3RD MAY 1989 IN THE NAME OF TWO PERSON. 2-THAT THE SALE DEED HAS BEEN MADE ONLY FOR THE AREA OF 4 DISMIL BUT AS PER MUTUAL UNDERSTANDING TOTAL AREA WAS 16 DISMIL HAS BEEN GIVEN BY THE SELLER AND SAME HAS BEEN PROVED THROUGH BOUNDARIES WHICH IS MENTIONED IN SALE DEED. 3-THAT AS PER BOUNDARIES AND PERMISSION OF SELLER AS WELL AS BOUNDARIES MENTIONED IN SALE DEED WHOLE AREA IS IN BUYER POSSESION SINCE 1989 TO TILL DATE WITHOUT ANY OBJECTION OR ANY DISPUTE. AS PER AFORESAID GROUNDS SEEKING SOME FOLLOWING INFORMATION, 1-HOW CAN BE LEGAL OWNER OF THE WHOLE PROPERTY AS PER UP LAND ACT? 2-CAN WE SELL THE WHOLE PROPERTY LEGALLY? KINDLY GIVE YOUR VALUABLE FEEDBACK AS PER CASE WITH REGARDS

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4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 03 October 2012

Since the property is occupied by the buyer from 1989 therefore, the said buyer is in the adverse possession of the property for more than last 20 years.

Kindly call on the below number.

Regards,

Advocate Rohit Dalmia

9324538481

Bharatkumar (ADVOCATE ) 03 October 2012

u r registration a sale deed of 12 dismil in your favour and for that u r paid a stamp duty and registration fee at sub-registrar office. OR u both r (The vendor and The purchaser) registration a Rectification Deed for that and metion that the actual area is 16 dismil but in this deed we write only 4 dismil and we are paid a stamp duty and registration fee as per araa 12 dismil in this rectification deed.

Bharatkumar (ADVOCATE ) 03 October 2012

And further metion that the vendor give a possession of 16 dismil at the time of sale deed but by mistake we write only 4 dismil in sale deed so we registration a rectification deed and write actual area 16 dismil in this deed.

jitendra srivastava (salaried) 25 October 2012

THANK YOU VERY MUCH FOR YOUR VALUABLE FEEDBACK AGAINST MY QUERY, INVIEW OF THAT IF SELLER IS NOT TRACABLE OR NOT ALIVE, THEN WHAT WILL BE THE NEXT REMEDY AGAINST THIS? IS THERE ANY SOLUTION FROM ANY WHERE WE CAN FIND TITLE FOR WHOLE AREA, WHICH WE CAN SELL THE PROPERTY LEGALLY? CAN WE INTERNALLY TRANSFER THE PROPERTY WITH MENTIONED WHOLE AREA? KINDLY GIVE YOUR ADVISE? THANK YOU VERY MUCH FOR YOUR RESPONSE. WITH REGARDS