Issue legal notice to land owner on what basis he sold land belonging to you
2) file police complaint of cheating, criminal breach of trust under section 406,420 of IPC
3) file suit to set aside subsequent sale deed
Validity of sale deed if wrong boundary condition is mentioned.
1. I have purchased a part of land from a land owner. 2. Land owner further sold part of same land to other person and in sale deed and in boundary condition reference of my land is also mentioned 3. Later the land owner sold the remaing portion of land to some other portion in which same boundary as mentioned in mine is mentioned 4. The purchaser now claming land of mine. What is the legal option for me.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
In map land is available but physically land is short as mentioned in Map.
Asked 2 years ago
Act as mentioned herein above
He can't claim your land. You can file cheating complaint against the seller. You can go for injunction in a suit
On the basis of your sale deed, you may go ahead and file a suit for injunction.
Also, you can file an application for appointment of a commissioner, who can file report with regards to actual situation of the property.
Regards
If you have a registered sale deed with proper measurements and boundaries mentioned in it, the new buyer has to clarify about the details of the property he purchased from the vendor and not from you.
You can refuse to entertain his claim, let him approach court for proper relief and remedy.
You can apply for resurvey of your land and mark your boundaries accordingly with the help of government surveyor to confirm your property.
- For correcting the discrepancies in the sale deed, you can execute a rectification deed , however the approval of the seller is needed before the registrar.
- Further, if the seller has sold the said portion malafidely, then you can lodge an FIR against him for the offence of cheating and breach of trust.
- Further, if that owner of the property is creating trouble then file an injection suit before the court for restraining him from interfering in your portion of the land.
Dear Client,
Apply for Govt. Survey (not private survey) thru the Tahsildar /Collector office and request for layout plan of the entire survey nos. surrounding your plot and obtain the Govt. Survey Report. Based on the Govt. Survey Report, you may unilaterally execute Rectification Deed with proper clauses and a supporting affidavit. This Deed will be legally sufficient for all futuristic legal purposes like Sale.
Thankyou.
