The question relates to Bihar. My ancestors verbally purchased a piece of land in a survey plot and constructed a house in approx. 1931. The area of land was promised as 5 Kathas. Later on, the sellers started playing mischief and started encroaching in this area. A quarrel resulted, and finally the Govt. authority ordered a police enquiry in 1944. The police officer enquired and submitted his report stating that 5 Katha land was actually promised. The matter temporarily subsided. A sale deed was executed and registered in 1948, giving the same boundary as promised earlier, but area was stated only 4 Katha and 2 Dhurs. In addition, the boundary measurements were given with respect to the eastern, western, northern and southern walls of the constructed house. We have located these boundary lines and have calculated the area, this comes slightly more than 5 Kathas. Now we want to get these distances of the boundaries converted from "from the ....wall of the house" to "from the....boundary of the plot" This is because we want to dismantle the house for re-construction. The Question is that we want to maintain the original limits of the boundary, whatever be the area, on the ground that boundary prevails over area, but the heirs of the sellers are rigid on the stated area in the sale deed, which is less. Please sugess what should we do and what should be the procedure
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sale deed is sacrosanct
2) you would be entitled to only 4 khata and 2 dhurs as mentioned in sale deed
3) apply to survey office for carrying out survey of your plot
4) if there is mistake in area deed of rectification has to be executed by legal heirs of seller
Dear Client,
In sale deed, area is 4.2 but in possession more than 5. And payment in sale deed will be made of 4.2 khta only. So, actual ownership is of 4.2 khata. On excess area, you can claim ownership on the basis of adverse possession. Let them go in court, you have long undisputed possession on 5 + land. You ownership will prevail. 4.2 on the basis of sale deed and on excess area by theory of adverse possession.
The boundary decided in the agreement will prevail in case they have any dispute over the boundary and the size of the plot then they have to approach to Dheeraj Civil Court and the decision of the court according to the agreement will be considered for determination of the area
You need to file a suit for direction if the heirs are objecting to it
You can file a caveat petition against the opposite parties and then start your proposed construction work, let them object to this, you may ask them to approach court for remedy.
Since there is a caveat pending, they cannot get injunction order also hence you may proceed with the proposed construction in the absence of any restrictions from a court of law.
