You must get the records rectified by making an application to the tehsildar's Office
Hi.. my father constructed a house 15 years ago in a land bought by my grandfather. Recently we came to know the survey number in patta and stamp paper is mentioned as 433.. but the land in which our house is constructed is on 432. The land was used by grandfather since last 90 years. When we checked owner details of survey 432 in tashildar office, some other person name is there. My father's name is in 433. So far nobody came to us claiming the land. Now we want to survey our land to construct a compound wall. We have been living in the house for 15 years. What kind of problems we may face due to change in survey number? What all are the options we have to rectify such problems?
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Can the person under whose name survey 432 is there.. take any legal actions against us if he come to know this problem ?
If fresh survey is carried out it would be brought to knowledge of your neighbour that you have carried on construction on his plot bearing no 432 whereas you are owner of plot in survey no 433
2) he would file suit for eviction against you
3) if neighbour is ready deed of exchange can be executed for exchange of the 2 plots of land . It should be duly stamped and registered
1) You can collect all mutation papers from tahsildar office and get layout demarcation done tahsildar officer on your land and new survey on it. Everything will be all right its just survey number placement difference on land records get it rectified soon.
You can execute a rectification deed in the same and Register the same. It is important to rectify the same
See you can take possession of the both the properties and can make wall around them, as you are legally owner of 433 survey number property and have adverse possession from last 90 years at survey no. 432 also so even if the owner of same file suit it can be contested.
The owner of the flat shall file a civil suit and in same he shall pray for the possession of the property the same can be contested on ground of adverse possession.
Survey number 432 land owner can file eviction suit against you. But you can contest the case because yours grand father and father is in possession from last 90 years contact a local senior advocate with all documents and facts detail.
The law of limitation shall apply here. It has been more than 90 years since you purchased the property. 15 years ago you constructed a house. Now it must have been a bonafide mistake. You dont have to do anything.
In case the office raises this issue then too you have to just ask the person who has the registry of your house to change it. It would be better for both of you.
Regards
Obviously the person of 432 can take objection but don't worry file a survey no. correction case in the court of the Tehsildar of your area and get the survey no. corrected, it is possible.
Since there is no claim whatsoever from anyone so far in this regard you may just remain silent about this because you cannot do anything about this at this stage.
If at all there is any claim from anyone in the future you may produce the registered title documents in your possession and ask them to approach court for clarifying the same.