Search the real survey sketch with regard to the property from government land records.Apply possession certificate,survey sketch and encumbrance certificate .If you found that your version with regard to the property is true then File a suit for fixation of boundary.
Physical location of plot is different than survey number layout
Hi, I bought plot in Pune in 2009. The plot size is 3000 sq and it was mentioned survey number 33/2/1/64, plot no. 24. I got possession of plot with compound in same survey number. Recently I applied demarkation of my plot and found out that my plot is at different location what is mentioned in the layout. As per the layout, my plot number is #24. but someone else has house there already. I still have 7/12 document for 33/2/1/64 and physical possession of land in same survey. The land is open area and no one came to claim it in last 8 years. How should I proceed with this if I want to construct the plot.
Asked 8 years ago in Property Law
Religion: Hindu
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9 Answers
1.If you no insiste on the original number plot then it will raise complications.'2,hence apply to rectify the number from the authority.
2.Immeidatelyapply for building sanctioned plan and raise constructions.
3.that would ensure your possession.
4. if the number is rectified with the present number then i believe the problem would be solved.
deed of rectifcation has to be executed by seller to reflect correct survey number of plot sold to you
2) contact a local lawyer and request seller to execute rectifcation deed
Hi, your vendor has to executed rectification deed, mentioning the exact survey numbers.
1. The plot you have taken possession of does not belong to you since it is not the plot no. 24 which you have actually purchased.
2. Plot no.24 has been taken possession of by some one else wherein he has already constructed a house.
3. Find out what is the no. of the plot which you have actually taken possession of.
4. Best option for you shall be to ask your seller to register a rectification deed changing the plot no. replacing the plot no. 24 with the no. of the plot you have actually taken possession of (if he is the owner of both the plots).
5. If he is not the owner of the plot you have taken actual possession of, then you have been cheated by the seller.
6. Lodge a police complaint against him for cheating you. File a Writ Petition before the high court against police inaction if the police refuses to register a FIR based on your complaint.
7. You can also file a Recovery Suit claiming recovery of the entire amount you have paid to the seller with interest, damage and cost.
8. If you construct your house on the plot which you have not purchased but given possession of, then you are exposed to long lasting litigation from the actual buyer of the said plot.
Firstly you can establish the correct plot number that you have purchased.
You can catch hold of your vendor and ask him to execute a registered rectification deed rectifying the correct survey number.
This problem could have been avoided if a proper legal opinion was sought at the time of purchase.
Krishna Kishore Ganguly, Thank you for your answer. I have just discovered that the demarcation survey provided by seller tells that my plot is at different location than my current possession. I also applied for new demarcation government survey and they also said that my plot is at different where somebody already built the house before I purchased this land. Government Survey person can not issue money demarcation as per my current possession as this land belong to someone else. Recently seller gave rectification deed for my current possession. But we could not change the boundaries. Also original owner of land claimed the same property. I am situation where I need to leave the possession and file complaint against seller. What option I have? Should I file for civil and criminal suit? Please I have letter from Government survey office that my land is not where I have possession and at different location.
Asked 7 years ago
File police complaint of cheating criminal breach of trust against seller
Also seek refund of money paid by you with interest
1. I have already explained about the problems you are exposed to in my earlier post.
2. You shall have to lodge a police complaint against the seller of the plot who has given possession of a wrong plot to you stating that this is the plot which you have purchased.
2. Ask the seller to hand you over possession of the plot he has sold to you.
3. If he fails and he will certainly fail since some other person has already constructed house on the plot sold to you, you shall have to file a Recovery Suit claiming recovery of the entire amount you have paid to the seller with interest, damage and cost as advise in my earlier post.
You must issue legal notice to the vendor asking him to identify the property and execute a registered rectification deed if the particulars of the property is erroneous to that of the property schedule mentioned in the registered sale deed.
Failing which, you ,may initiate proper legal action through court of law agaisnt the vendor for relief and remedy.