• Ignorance of proper measurement of land area

I have purchased 4 Are Land with an Old Home at 2003 through HDFC Housing Loan, they have put a lawyer to verify all legal terms and use their deed writer to write deed and perform registration to keep deed in there safe custody. Now I have plan the same property to sell but realized the property has 0.5 Are less than the deed specified area, This area seems to nearest landowner’s boundary now. In this case, can I approach consumer court against HDFC for the ignorance of ensuring proper measurement of the area while registering property?
Asked 8 years ago in Civil Law

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5 Answers

HDFC does due diligence while sanctioning home loan

2) if area of land is mentioned less in sale deed then deed of rectification had to be executed by seller

3) demarcation of boundaries has to be done by survey office if area in your possession is less than mentioned in deed

4) you can sue HDFC if there has been negligence on their part and seek compensation

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can get it rectified from the tehsildar .. The property is in your possession ; so there is no loss that is caused to you.. You can get the are altered by moving an application to the tehsildar

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. The seller was not HDFC. HDFC merely gave you loan.

2. You should reach out to the seller to execute a rectification deed in your favour. Due to the discrepancy in the sale deed it may be difficult for you to sell the property as any wise prospective buyer would measure the property before purchasing it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

If the land was not being purchased for the commercial purpose then you can file a case against HDFC for deficiency in the services.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There is no action maintainable against HDFC.

A lawyer canot verify the measurement f the property by physical measurement.

You only purchased the property hence it is yor duty to have physically measure the property before buying it.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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