Dear Experts, I am currently facing a unique situation related to a property I purchased that originally belonged to my younger grandfather. The acquisition took place from my younger grandfather's son (my uncle). The family of my younger grandfather consists of a single male child (my uncle), his wife, and two sons. The sale deed, executed in 2008 after my younger grandfather's passing, involved legal heirs - the son, daughter-in-law, and two grandsons - transferring the property to me. The said property is a Gramatana Site (deemed as A Khata site). Having recently demolished the old house on the property to construct a new one, we discovered that the actual site measurements differ from those mentioned in the 2008 sale deed. The discrepancies are as follows: Sale Deed Measurement (2008): North - South = 23Ft. East - West = 44Ft. East - 2Ft. width drainage and Road West - 2Ft. width drainage Actual Site Measurement: North - South = 23Ft. East - West = 48Ft. East - 2Ft. width drainage and Road West - 2Ft. width drainage Considering the additional 4 feet in length, we proceeded with construction as the site was enclosed by road and drainage on both sides, exclusively owned by us. However, our neighbors learned of the extra land and insisted that we adhere strictly to the sale deed dimensions, threatening to report the matter to municipal authorities. We explained to them that the boundaries (East - West) are defined by road and drainage, making the entire land ours with no claim from others. We believe the omission of end-to-end measurements in the sale deed led to their misunderstanding, as the original 1949 sale deed only mentioned dimensions as "5 Ankana" with boundary details. I seek guidance from the expert panel on the following matters: 1. Clarification on the measurement of 1 Ankana and any relevant documents supporting this. My grandfather uses to mention 1 Ankana as 10 feet x 10 feet = 100 square feet; is this correct? 2. Considering our family's possession of the property for the past 70 years, along with up-to-date tax payments, do I need to provide further proof of ownership for the remaining land? 3. Or is there any provision to make any payment to municipal authorities to purchase the left over land / extra land. 4. Am I not eligible to claim the land by being in the adverse position of the land for 70 years. 5. Interestingly the adjacent sites located to south and north of my site have similar size (East-West: 48 feet), the neighbor’s revenue records were reflecting the same., for example: please refer the drawing. 6. So, one site can’t have odd dimensions compare to all other sites at the same road, therefore what are the options available for me to get the measurement corrected in a legal way. 7. Could you kindly list of all possible options available for rectifying the measurement legally, I request to provide the best possible solution which is legally compliant & can be done immediately
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1) you need to provide proof of ownership of remaining land
2) mere possession does not confer title to property
3) you have to file suit that you are owner of excess land on grounds of open , hostile un interrupted possession of land
4) in alternative deed of rectification has to be executed to rectify mistake in sale deed
The additional 4 feet in the occupation of your grandfather has not been defined in the sale deed hence to prove that this belongs to the same property, you should either have a sale deed or a declaration of title by an order of court of law.
The neighbors cannot restrict you from using this additional vacant site adjoining your purchase property because it do not belong to them too.
if at all they have any grievance against this, they cannot ask you to vacate, instead they can approach the local civic body with a complaint, let the local authority take proper legal action which can be challenged in court of law by filing a suit to declare the title in your favor operating law of adverse possession and also for permanent injunction against the local civic body to not to interfere in yor possession and enjoyment of the same.
You don't enter into any verbal altercation with your neighbors, if they disturb you then you can issue a legal notice instructing them to refrain from indulging in such practices of interfering in your possession. .
1. One Ankana. = 6.7 Square mtr.
2. Since you and your family possess the land for the past 70 years without any disturbance/hindrance, there's no need to provide proof of ownership. However, if Excess land which is not accounted has to be regularised in your name, you have to file an application in the jurisdictional Gram Panchayat and set the record straight.
3. Yes. There are adequate provisions to purchase the abutting land by paying the requisite fee.
4. You are entitled to claim the extra land by seeking adverse possession, since you and your family members have been in possession of the land since 70 years, without anyone's objection to your title to the land.
5. Please check your land records including layout plan to determine your site measurements.
6. You can the measurement rectified by arranging for it's execution by your seller, who had executed sale deed in your favour in 2008. Let your seller execute the registered Rectification Deed incorporating the actual measurement' in your favour in the jurisdictional Sub Registrar's Office.
7. Rectification Deed to be executed by your previous seller incorporating the actual measurement would be the correct solution.
You can claim the same through adverse possession
Dear client,
1. Ankana Measurement: "Ankana" isn’t a standardized unit of measurement. It seems your grandfather might have used it informally. In some places, 1 Ankana might equate to 100 square feet or 10 feet x 10 feet, but it's essential to verify this through any local land records or regional measurement standards.
2. Proof of Ownership: Your possession of the land for 70 years and consistent tax payments significantly strengthen your claim. This, coupled with the sale deed, suggests ownership. However, it's wise to gather additional historical documents, like old tax receipts, family records, or any other deeds or agreements that might indicate your family's possession.
3. Extra Land: There might be provisions for regularization of extra land with municipal authorities through a process known as regularization or rectification. This could involve paying a fee or penalty for the additional area.
4. Adverse Possession: Adverse possession laws in India require continuous, open, and notorious possession of land for a statutory period, which is typically 12 years. Your family's 70-year possession could, in theory, be argued as adverse possession.
5. Adjacent Sites: Consistency in dimensions among neighboring properties can be compelling evidence. Reviewing their revenue records and getting in touch with the owners might provide insights or support for rectification.
6. Correcting Measurements: Rectifying measurements would involve legal processes like filing for correction in land records, updating or amending the sale deed, or conducting a fresh survey. This typically requires legal representation and documentation.
7. Options for Rectification: Request a re-survey or rectification based on evidence and discussions with neighbors. Seek legal recourse through a civil suit for correction of land records or title deeds. Consider mediation or negotiation with the neighbors to reach a mutual agreement.
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- As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.
- Further, he will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.
- Since, your family is in the possession of the remaining land for the last 70 years long period , then you can file a declaration suit before the court for declaring the owner on the ground of adverse possession
- Tax payment is not a proof of ownership , however it can be considered as proof of occupation before the court.
