• Proper demarcation of property

Initially, my grandfather had 1 undivided property. Lather the same was divided in 2 part and Northern part has been given to my father and southern part to one of my aunt by virtue of gift deed. In both deed it was mentioned that northern part has higher area than southern. But actually the same is just opposite. We, at Northern part is enjoying lesser area than southern Part.
Mutual decision is not possible here. Please guide how legally we can claim our area (as per gift deed) from Southern part.
Asked 1 year ago in Property Law from KOLKATA, West Bengal
Religion: Hindu

if the property is already partitioned it is under limitation act, but if there was no physical partition and both your and aunt occupied area without partition then a suit for possession in accordance with area mentioned in gift deed can be filed.

Also the gift deed should mention correct measurements of the property so if they got more area then specified you can file a suit for possession and eviction of your aunt from that area.

Also if there was no actual partition ever done by meats and bonds with respect to the deeds a partition suit with meats and bonds can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Hello, Good Evening .

I am sorry to say that it cannot be challenged as it seems to me that it would be barred by limitation if the same is done and possession is more than 12 years.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

Dear Client,

File for possession and declaration on the basis of GIFT DEED.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

As it has been already partitioned and acted upon, it cannot be challenged later as there was free consent.

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

Since the dispute is regarding the area then no corrections of the deed is possible without mutual consent.

Now it is to be seen what is the area of land described in the deed.

If the area to be given in favour of your father is properly described then only he is entitled to that much of area. nothing more, nothing less.

So the general description of one part to contain more area than the other is of little significance here.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

It is necessary to peruse gift deed to advice

2) if you have been given lesser area than mentioned in gift deed issue legal notice to aunt to vacate portion of your property in her possession

3) if she refuses file eviction suit

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Is area is mentioned in numeric or by wording (higher area) it is written as you have mentioned in the post?

What was mentioned in the schedule of both deeds?

Was there any partition? How the partition was done?

How you are sure that though it is written northern part is higher but you all ate enjoying lesser?

Since details is not mentioned, in your post, so it is not possible to give answer.

If you want to take legal help then you can seek help from a good lawyer in your area or provide further information.

If you have proofs then you can try alternative dispute resolution. If still you face problem then can seek help by filing a case to get remedy.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hi, If there is a specific measurement in the gift deed in your property then you can claim the property by virtue of the gift deed while filling suit for deceleration and suppose there is no specific measurement then you can't claim the property.

Pradeep Bharathipura
Advocate, Bangalore
4624 Answers
230 Consultations

4.5 on 5.0

You may file the court case for actual share of the property.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Approach the civil court judicial partition.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1. Does't the said gift deed in favour of your father contains the details of the property mentioned in the schedule of the property gifted with boundaries?

2. Has it been specified as to up to which part of the said house falls under the name southern part and northern part?

3. Unless the gifted areas have been clearly demarcated you can not mark up to which part of the house you can claim as southern part.

4. In absence of any such demarcation and specific details, you can claim some more portion from your Aunt's area terming it as part opt norther side based on the specific mention in the will which states that southern side will have more area than the northern side gifted to your Aunt.

5. Based on the above premise, your father can file a declaratory suit praying for a declaration that the area of the house claimed by him as part of the southern area may be declared as southern area which is larger than the northern side as mentioned in both the gift deeds and demarcate the portions by metes and bounds.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

You first of all get the property properly surveyed by a government surveyor, get a proper demarcation by fixing the boundary stones, if possible, or get a sketch or map drawn by the surveyor.

If you find any discrimination in the extent of area occupied by both to that of the registered deeds, you may file a declaration suit to declare your correct extent of property and for possession of the property occupied by the opposite party in excess to their own property.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

File a suit claiming the left out share which couldn't actually come to your father, despite it being the intent of your grandfather to pass on a bigger share to your father.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

File a case before the local civil court in the proper jurisdiction according to the valuation.....a suit for declaration and injunction...praying for proper demarcation of the property as per the deed of gift by appointing a survey passed pleader commissioner.

Baisali Ghoshal
Advocate, Kolkata
12 Answers

4.0 on 5.0

Hello,

Go to the registrar with an application to appoint a valuator and on the basis of the same get the area rectified in the records.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

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