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anand (Asst manager)     01 February 2016

Sale deed is inline with measurement but vary in parent doc

Dear Sir,

I bought a property in 2007 in Tamilnadu, Srivilliputhur. 

As per parent document, previous owner had 125 cents, and he sold in pieces to many parties in 2005. 

Final 25 cents facing the prime road along with common path way sold to me in 2007. 

Excluding the common path, the measured land area came about 27 cents. Since I have negotiated the price per cent. We have engaged the municipality surveyor and has confirmed the area 27 cents to my lawyer (later who has passed away) .

As per my lawyer guidance, subsequently I have registered the deed with following para

" Left over land about 25 cents from the original 125 cents , (Listed all sale deed with measurement) as per current measurement (Length & breath in meter about 27 cents) both parties agrred to register .

Separately common path way with 5.5. foot also  (2 cent, my part is 5/8 part) registered on same day. Since it's a prime land and the price appreciated significantly. One of the neighbor who has bought the neighbor’s house in 2014 demanding for a wider path way up to 8 feet to drive cars. Since I have refused, recently he got a stay from sub-ordinate court to block any fence/compound wall construction in my place. He also demanding the following in his law suit; 

1)  Invalidate my sale deed due to inaccurate area (should be 25 cents and can't be 27)

2) Both ours common neighbor’s  (not part of 125 cents) compound wall has 2.5 feet for his fence maintenance and demanding to construct after leaving 8 feet from neighbors fence.

 

Since am a NRI I have given necessary power to my aged father who is living 10 KM away from this land. Since am away, my neighbor almost occupied the land with his vehicles and am worried the situation. Appreciated your kind legal advice to manage the situation and legally win in this battle.

 

Sincerely

Anand  



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 February 2016

File a petition for injuction order from the court. An injunction is an order issued by a court that forces the defendant––a person, to do something or stop doing something, depending on what the plaintiff is requesting. 

anand (Asst manager)     02 February 2016

Thank you sir, I have engaged a local lawyer to proceed the legal follow-up.

-However the greedy neighbour legally challanging & passing the following message to all neighbours

"Invalidate my sale deed" due to excess area registered in my deed.

 

Kindly advice is there any such precedence? In a recent commision report arrangd by lawyer, my neighbour suppose to have 6 cent land only, but the report revealed he got 6.5 cent land area, same area documented in his sale deed. Not too suere whether I need to counter him and raise the same to court attention?

 kindly advice

 

Thank you

 

 


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