Sir, i purchased a site of 200 sq.yards in 2016 .The property was distributed by the court in 1987 .under os.no. 104 to the vendors,we had verified the documents and purchased as advised by an advocate.but after 2yrs one of the neighbors had filed a suit against the vendors and myself,saying that the vendor had encroached the pathway on the south side for three feet and sold away the site to me,and saying that there is no document for 37 sq.yards from the vendor side.I had approached the vendor and asked about the document,he said i don't have any document,( actually i asked him before that he said there is a document with boundaries also,i kept quite for a long period ,but again i asked him after receiving the notice), sir,what should i do now,i am thinking that the vendor had deceived me by showing the the incomplete documents,what action i can take against him, can i win if i fight in the court of law,only point is the vendors had hot the property through the court by compromised decree os.no.104 in 1987,but the vendor is able to show the documents for 163 sq.yards but not the 37 sq.yards. lawsuit says the pathway should be 9ft width as mentioned in the 1952 document,but now the present existing pathway is 6ft width,hence there is an encroachment of 3ft,on to the pathway. in the os,the court had mentioned boundary as only municipality line on the southern side,not mentioned about the width of the pathway. what should i do ,plz advise me. thank u
1. APPLY for Govt. Survey thru the office of the Collector (Tahsil) (and not Private Survey). Based on the Govt. Survey Report and the Revenue records for this land, file suit for declaration by involving all the relevant parties.
Keep Smiling .... Hemant Agarwal
If vendor had documents for only 163 square yards he could not have sold 200 square yards to you
2) there must be indemnity clause in your sale deed wherein seller indemnifies you in case any claims are made
3) ask vendor to refund excess amount paid bynyou and to rectify sale deed to mention actual 163square yards
See firstly if seller had ownership of 163 sq yards he has wrongly sold 200 sq. Yards in sale deed to you so claim the amount from seller for excess land. You can file a suit for recovery of same.against builder.
Further contest the suit filed by neighbour on ground of undisputed possession by the seller and you in continuous and seek defence of possession in same.
1)If it is mention in sale deed dimensions 200sqyrd then you have chances to win.
2)issue a legal notice to vendor and ask him to refund 37sqyard Value..
Your argument is proper. Go with it you will get through the same
Hi,
You should present the reply (WS) to the court and also file the counter claim against the vendor who sold the land to you.
Since there is a problem from the vendor side which had not been noted by you from the beginning, you may fight back in the court on the basis of the documents held in your possession.
Let the court appoint an advocate commissioner and measure the entire property and decide about the pathway as per the documents.
Dont worry, it will years to settle down the matter by then there are possibilities for compromise settlement too.
Dear Sir,
Your’s is a complicated case and without looking into the documents I may not answer properly.
