• Boundaries prevail over the survey number. How true is it?

Respected Lawyers
We bought a plot P 30 yrs back from vendor D. This plot was once owned by person A. Both A n B are brothers. Both A n B used to have agri-lands in 2 survey numbers 45/1 and 45/5. This plot P is sold thrice previously once in 1960 to person C (A to C), next in 1970 to person B(C to B) (A's brother). The third time, our vendor D bought from C (C to D). We are the 4th buyer. In all the 3 sale deeds, the survey number is the same 45/1 and the 4 boundaries have been the same. But, currently, this plot with the same boundaries actually comes under survey number 45/5 in the current scenario. Our neighbors who bought from vendor B also had survey number 45/1. But, they have got it changed to 45/5 as per the tahsildar order which can be found in the mutation register in the 1980s. That order says the survey number was changed from 45/1 to 45/5 as the boundaries match. We are not able to find such an entry for our plot P. But our plot's survey number changed to 45/5 in the pahani from the second year of D's purchase mostly as per the unregistered rectification deed signed by their vendor B which says survey number should be changed from 45/1 to 45/5. We bought this plot from D in 1990 in the survey number 45/5. So the court says our vendor bought in 45/1 and sold in 45/5. 
One person, X appeared with a sale deed (between his father and person A)from 1965 which has a survey number of 45/5 and boundaries are different from ours. His name appeared in the pahani in 2010 for the first time after his father bought it in 1965. As per the boundaries mentioned in the sale deed of 1965, to his east is person B's property( ie ours as of now). But he sought for declaration and permanent injunction against us claiming that we interfered in his property. and the court granted. The court said our vendor D sold the wrong property to us ie D has property in 45/1 but sold in 45/5 which D doesn't own. But as per the boundaries in X's sale deed, his property might be to our west. n The land to our west has been acquired for the road. We want to construct a building or at least a fencing there to protect. People around say one should have constructed something when it's bought to safeguard it. but without enough money, how will one construct. 
Pls guide how to prove to the court that we are the rightful owners of our property in the sy no. 45/5  and we are not interfering with the X's plot. 
Supreme court judgment says "Boundaries prevail over the survey number" .But how to use it for our case?
Asked 18 days ago in Property Law
Religion: Hindu

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13 Answers

If you have bought the proeprty around 30 years ago then you can perfect the title by adverse possession too.

However since the survey umber is different to that of the property you purchased then you cannot claim title to the property under survey number which is not yours.

You may get the revenue records from Tahsildar office about the change in the survey number effected subsequent to yor purchase and prove your title.

you can discuss with your advocate at length and prepare the strategy to counter his case.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Seek injunction from court for the same. You need to only contest if other side is troubling you. 

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

You should take the plea that boundaries of 2 plots are different 

 

rely upon your sale deed to prove that you have different boundaries 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

In title documents, extent, dimensions, and boundaries of the property should be invariably mentioned correctly, besides the Survey No., village and the land registration district and the sub-district. The revenue authority (Taluk Office/ Tahsildar's Office) maintains FMB (field measurement book) and topographical sketches of all lands within their jurisdiction. In case of any discrepancy in details of the property, the Revenue records have to be verified for the relevant period.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

You should seek survey of your land from survey office to find out correct survey number of your plot 

 

if you have permission carry out construction on your plot 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Yes you can rely on neighbors entry and make changes in your entry and rectify it

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1.  Without records you may not be able to establish the facts, however you may obtain the details through RTI act and proceed with the case.

2. You may file an application for inspection of the suit proeprty and ascertain the details through an advocate commissioner appointed by the court.

3. You may point out the contradicting details in yor written statement.

4.  It depends ion the prevailing circumstance.

5. No, you should provide your own records.

6.  The tax paid receipts should support your possession.

7. You may have to file a suit for permanent injunction agaisnt the opposite parties.

8. You may proceed if there is no orders from court restricting you from going ahead 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You should have appealed against decree  passed by court granting permanent injunction in 2015 

 

2) if no appeal is filed order becomes final 

 

3) file appeal along with con donation  of delay application 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

You need to put all the said grounds in your appeal if you are aggrieved by the said order

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

The opposite party's claim is that the property lying in survey number ... is his property.

if you dispute that then you may have to suitably reply to his case i the court or as suggested by court you can file a declaration of title suit even now on the basis of possession of the property under the said survey number.

You are  already facing multiple litigation/disputes, you may have to decide about what will be the best option before you. 

It appears that your case was not represented properly before the trial court, perhaps you have not substantiated your claim relying on substantial documents in your favor.

You can change the lawyer if your current one do not cooperate. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can rely upon the information and the opinion rendered by a different advocate ion this regard, it seems to be proper.

You may even pursue the matter through the new advocate by producing all the relevant papers on all such further issues.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Registration has to be done within maximum period of 8 months of execution of document

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Yes it can be done with consent of both parties

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

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