Your father should file declaratory suit that he is absolute owner of 8000 square feet of land
2) enclose documentary evidence about ownership of said land
3) seek orders to direct builder to vacate portion of land in his unauthorised possession
Sale ancestral property and on record the land size is not proper its more than recorded.
My father Sale his ancestral property to some builder and on record the land size is not proper its more than recorded.on record on khasara P2/BI it's.0.303 hectare around 32670 sq.ft but on actual when father measured from engineer ground its 40850sq.ft and when father ask builder he sale him only 32670 sq.ft and rest of the land have there so he is not release our land and file suit against us that we how we take possession on remaining land approx 8,000 sq.ft and how we record this in land revenue department
Asked 6 years ago in Civil Law
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9 Answers
Dear Client,
In revenue record, in whose name the land is, if in govt, than it cannot be transfer in your.
Other wise on the basis of adverse possession for more than 12 years, can be transfer in your name by court order.
File suit for declaration.
1) You have apply for the measurements of land in tbe government land records office and get registered land accordingly actual possession physical margins. Once actual measurements of records ade entered in the land records than you can file for the extra land. First you apply in revenue department to extra measurements of.land.
You must verify from the original sale deed document held in your possession to confirm the actual extent as per the document and what was the agreement extent entered with the builder.
If the builder has taken away excess area than the the agreed one, you may file a suit to recover possession of the land taken by him illegally.
As your query reveals
Some ancestral land was sold and as per land records area of land is 0.303 hectare (32670 Sq Ft) but on measurement it was discovered that land area is 40850 Sq Ft.
1. Purchaser whom you have sold the land is in profession of extra land in question.
2. Now vendor is not returning profession of land in question.
3. How to bring that land on revenue records
Reply
1 and 2. You have sold 32670 Sq Ft land to Builder he can't claim his right over extra land for that you have file suit for declaration and for delivery of possession. And remedies can be suggested by perusal of records and documents.
3. For bringing land on record you have to file appropriate application before revenue authorities.
How I declare about our ownership of that land cause as the record was not updated from the time of our grandfather(in brief total land available on record is 0.909 hectare out of which it divided in 3 equal parts) so the same unit of partition get in favour of my father land now the question is how we claim our ownership on extra land out of what we sell to builder the records of land is in our grandfather time its more than 50 years so please let me know what should I do so that the extra land record update on my father side. I have apply for demarcation but patwari and RI not favor our side as we demarcation of land through our personal engineer and on spot the land is extra but revenue record department didn't agree on that.
Asked 6 years ago
On demise of grandfather let the legal heirs apply for mutation of property
2) they can file suit for partition for division of property by metes and bounds
First of all you cannot claim ownership of the land which is not mentioned in your original title document or the mother deed.
If the property had been in your posssession all along for more than 5 decades, as you claim, you should be having some records or evidences to prove your possession and enjoyment.
You locate those details and try to establish your ownership and then initiate proper legal action for recovery.
Dont worry about the revenue department records, you can file a declaratory suit to declare your title before court on the basis of adverse possession.
In whose name the land is in records
As your follow up question reveals that public servants (patwari and RI ) have refused from performing their official duty of demarcating the land, which would establish your claim on the extra land.
Remedy available to you at this juncture is file a writ petition against the illegal action of the public servant under article 226 of constitution of India before Hon'ble High Court of Madhya pradesh bench at Indore, where Hon'ble may direct the public servants to perform their duty.
In consonance of order passed by Hon'ble of High Court patwari and RI have to demarcate that land in question there after cause would be clear for invoking remedy to restore land to yourself from said builder.