Plot was purchased in 2006 & procession was given at that time .as per land mark (boundary)written in stamppaper .Its measurement is 450 sqmt But in stamp paper written measurement is 167 sqmt. Same stamp paper have both differ in size Now original owner claims that he had sold only 167 sqmt For civil court which is more important written boundaries or measurement?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
it is necessary to peruse sale deed to advice
2) if written measurement in sale deed is only 167 square meters then seller can take plea that he sold you only 167 square meters
3)court would pass judgment after considering clauses in sale deed , evidence on record
For how much area, payment has been made ? i meant, sale deed receipt, what is the total total are of plot. From the language of sale deed and delivery of actual possession, easily be ascertain actual are of plot sold. Can apply for rectification of area in sale deed.
No need for court interference.
See the language of the clause have to seen as measurement in case of sale important and also since possession of complete area is given accordingly you can contest.
In property card it is as per actual 450 from 2008 Procession is from more than 12 yrs In cell did (stamp) it’s written that it’s sold as per site (boundary written in stamp)which may differ in actual size
1) you can take plea that you had bought 450 sq meters of land
2) you have been in un interrupted possession for over 12 years
- Since, the possession was given in 2006 , with the land mark written in stamp paper measuring 450 sq.meters.
- Hence , as per law you had purchased 450 sq.meters of land and not 167 sq.meters, and that was the cause , the owner not come forward to challege the same just after the execution of transfer documents.
- Further, under the provisions on adverse possession , you have right to claim over 450 sq.meters due to continous uninterupted possession for 12 years.
See if sold as per the boundary then in that case court may consider the boundaries and possession and can decide in your favor.
if in sale deed measurement is mentioned 167 square meters then you cannot claim 450 sqmt. may be court grant order in favour of seller.
Both written boundaries and measurement have their own importance. Its a matter if trial in court
For evidence in court the documents stating boundaries is admissible and not the actual ground on which the land is situated.
Your title will prevail.
If the records differ then the government land records are to be verified.
In fact the details found in the sale deed may differ to that of the original land records held by the land revenue department.
If the matter is in couret then you can file an application to appoint a commissioner to inspect the suit property and ascertain the facts with the help of government surveyor and the revenue officer and submit his report to come to a conclusion.
This is a matter of trial in the court.
If the differences are glaring and no consensus is arrived then an advocate commissioner report will be able to solve the issue through court of law.
This is a matter of trial in the court.
If the differences are glaring and no consensus is arrived then an advocate commissioner report will be able to solve the issue through court of law.
This is a matter of trial in the court.
If the differences are glaring and no consensus is arrived then an advocate commissioner report will be able to solve the issue through court of law.