Ask seller to refund your money with interest
in alternative file suit to set aside to set aside sub division pata and deed of rectification
In 2015 Initial sale deed of my neighbor had boundary west by Village main road, south 25 ft road, north private property, east remaing land in the same survey number without plot number. In2016 i purchased land plot no 23 with boundary west mentioning my neighbor name (site no22) east plot no 24 south road, north private property and did motd lichfl sameday for composite loan and obtained joint patta In 2019 seller executed rectification deed with neighbor for boundary error, after rectification the boundary is west remaining land of same survey number, east remaining land in the same survey number, north private property south 20ft road. Now neighbor claim my entire land belongs to them with support of seller. Seller telling me the sale to me was a mistake. In 2019 covid period neighbor got subdivision patta including my land with out my knowledge in their name After rectification deed next day seller sold main road property to another person
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Ask seller to refund your money with interest
in alternative file suit to set aside to set aside sub division pata and deed of rectification
If you had purchased the property by a registered sale deed and if the revenue records also was transferred to your name, you can file a suit for permanent injunction against your neighbour to restrain him from interfering in your possession and enjoyment of the property.
You don't have to be worried about their gimmicks in this regard especially if your purchase of property was by a registered document
Your 2016 registered sale deed for Plot No. 23 is valid. Once executed, the seller cannot claim it was a mistake. The rectification deed made in 2019 between seller and neighbor has no effect on your land since you never consented. The patta obtained by your neighbor during COVID is illegal because revenue authorities cannot cancel your registered title.
What to do:
Collect all documents (your sale deed, patta, loan papers, rectification deed, neighbor’s patta, later sale deed) and issue a legal notice before proceeding.
In your situation, you have purchased Plot No. 23 through a registered sale deed and have a joint patta and compliant MOTD (Memorandum of Title Deed) with LIC HFL for your composite loan, giving you legally protected title and possession over your property since 2016. The subsequent rectification deed between your seller and neighbor in 2019, especially if executed without your consent or notice, cannot unilaterally alter or diminish your legal rights already acquired under the original sale deed and joint patta.
Any claim by your neighbor—supported by the seller—that your entire plot belongs to them, based on a boundary rectification deed to which you were not a party, is not legally sustainable. Furthermore, obtaining a subdivision patta in the neighbor’s name during the Covid period without your knowledge, despite you holding a valid title and joint patta, is highly questionable and may indicate fraudulent steps or collusion by the seller and neighbor.
The seller’s assertion that the sale to you was a “mistake” holds no legal merit after voluntary execution, delivery, and registration of the sale deed, and after you lawfully obtained patta and financed the property.
You are advised to:
Immediately collect all documents: registered sale deed, rectification deed (if available), joint patta, loan/MOTD papers, payment proofs, earlier and current layouts, and any correspondence.
File a police complaint if there is a fraudulent transfer, illegal mutation, or tampering of records without your consent.
Issue a legal notice to both the seller and neighbor, asserting your rights and disputing the rectification and subsequent transactions as invalid without your consent.
File a suit in the appropriate civil court for declaration of your title, injunction against further encroachment, and cancellation of any fraudulent patta/subdivision issued in your neighbor’s name.
Inform the local land revenue and municipal authorities in writing, attaching evidence of your title, requesting correction/removal of invalid pattas or mutations, and ensuring your name and boundaries are correctly reflected in official records.
If any new buyer is involved, put them on notice about your pre-existing rights.
Courts have repeatedly held that once a valid sale deed is executed and registered, subsequent boundary “rectifications” cannot be used to dispossess or reduce the rights of the true title-holder (as in your case) unless you were party to and consented to the correction.
You may engage us for legal representation, document review, and taking effective legal steps. This advice is based on the information you have provided and is confidential under attorney-client privilege.
The rectification deed cannot override or cancel your valid sale deed and joint patta obtained in 2016. The seller cannot declare the sale to you was a mistake after completing the sale and registration.
The neighbor’s obtaining subdivision patta including your land without your consent is wrongful and likely illegal.
You should immediately file a complaint with the local revenue authorities and approach civil court to challenge the rectification deed’s boundaries and protect your property rights. Legal action to invalidate unauthorized patta mutation is necessary to secure your ownership.
- If the sale deed is registered in your name , then the said neighbor has not right to interfere in your property and got patta after the rectification.
- If you are in possession of the said property then file a suit for Permanent Injunction before the Court
- However, better send a legal notice to him before filing the case.
Mr A original owner patta holder 10000 sqft in one survey number A sells 2000 sft to B 2012 without mentioing measurement of four side, North road, south land belongs to Y, East remaining land in same survey number, west remaining land in same survey number.doc no 4400 Mr A sells 1500 sft in 3 bits 600+350+550 to C doc no4401 in 2013 Mr B sold to C 2000 sft with boundary in sale deed as East private property in same survey number, West remaining land in the same survey number, North common road, south land belongs to Mr Y at present 20 ft Road. No measurement of dimension. Doc No 1500 year2014 Mr C sell 1800 sqft out of 2000 sft referring doc no 1500 to N in the year 2015, 45 x 40 north private property, south road, west Village main road, east remaining land in the same number. Without mentioning site number. Mr c sell 1200 sft to V in the year 2016 mentioning site no 23 referring mother deed doc 4400 and 4401 boundary west property of N (site no 22) east site no 24 north private property, south Road got plot loan from bank. Mr C Makes boundary rectification deed with N north private property, south road, west remaining land of same survey, east remaining land is same survey number in the year 2019. Mr C and N claims the land of V after rectification deed Mr C also sold sites No 17, 18 to different buyer in 2015 in the same survey number which he purchased from Mr A in bits in 2008
Your 2016 registered sale deed + bank loan + joint patta = strong proof of ownership.
Rectification deed of 2019 between seller and neighbor cannot override/cancel your registered sale deed.
Seller’s claim that “sale to you was a mistake” has no legal force once sale is complete and registered.
Neighbor’s sub-division patta including your land is illegal since you were not a party and already had title/patta.
Action steps:
File complaint with Tahsildar/Revenue authorities to cancel wrongful patta.
File civil suit for declaration and injunction to protect your title and restrain neighbor/seller from interference.
Seek to cancel the rectification deed as fraudulent and beyond seller’s authority.
It is not understood that what exactly you want to say or clarify from the lawyers of this forum by your latest post, because there is no question except for some particulars.
If you are not able to understand the situation, you may better produce the property related papers before an experienced lawyer in the local and get personal opinion and also clarification or suggestion to move on.
Hi sir In my previous follow up question I was trying to explain the sequence of transactions from first seller. Transactions of A to B to C to N is just single piece of land where road boundary changed on their own in every sale deed. Is it possible N claim my plot when my sale deed boundary says my property is adjacent property of N and N claim my property after boundary rectification. Please advice
Based on the detailed chronology and boundaries in your case, N cannot legally claim your plot if your registered sale deed clearly describes your property as being adjacent to N’s, and all boundaries were set out at the time of your purchase and loan/mutation. Subsequent boundary rectification deeds—executed between other parties or without your participation and consent—cannot override your registered title, especially when you have lawful possession, a valid sale deed, joint patta, and bank financing documentation in your favor.
Key Legal Points:
Once a registered sale deed is executed, the boundaries and extent mentioned in your deed are conclusive against later unilateral changes by others. Indian courts have repeatedly held (see Madras High Court, “S. Natarajan vs R. Subba Rao,” 2013) that subsequent boundary modifications between other parties cannot divest a bona fide purchaser who bought for value and registered their title in good faith.
Mere boundary changes or rectifications between C and N cannot take away your rights—especially if you were not a party and did not consent. The law is clear that rectification deeds that adversely affect a third party’s (your) valid title are void as against that third party.
Mutation or subdivision pattas granted to N do not confer ownership or override your sale deed—mutation is only for revenue purposes and does not determine title.
If N or C try to dispossess you or encroach, you can seek injunction, declaration of title, and even criminal remedies if there is willful fraud or filing of false affidavits in the revenue/mutation records.
If the boundaries on your deed reference N’s property as adjoining, it is presumed your plot is separate from N’s. Any ambiguity is construed in favor of the bona fide purchaser (you), especially when you have obtained bank finance, patta, and possession, and have given public/legal notice.
Practical Steps:
Collect all registered sale deeds, joint patta, mutation, and loan/mortgage records.
File a civil suit for declaration of your title and for permanent injunction against C and N, and for cancellation of any fraudulent or adverse rectification deed or patta/mutation affecting your plot.
Inform local revenue authorities and the registrar about the dispute, attaching your records.
If needed, serve legal notice to N and C to cease and desist from making any further claim or encroachment.
If there is any move to physically dispossess you, obtain immediate interim relief from the civil court.
Conclusion:
N cannot claim your land simply by executing a boundary rectification deed with the previous owner without your knowledge or consent. Your rights, as per your original registered sale deed and patta, are legally protected.
You may engage us for further legal advice, drafting legal notices, suit filing, and representation. All information shared is confidential and protected under attorney-client privilege.
Your property purchased by a registered sale deed with properly demarcated boundaries is very safe and secured.
The new buyer i.e., N cannot claim any share in your property just because he got a fraudulently recertified boundaries.
If at all there is any such development, you can file a suit for permanent injunction against N and restrain him from interfering or encroaching into your property.
No, N cannot legally claim your plot. Your 2016 registered sale deed, joint patta, and bank loan documents are conclusive evidence of ownership. The 2019 rectification deed between the seller (C) and N cannot override your registered deed. A rectification deed is only valid to correct clerical mistakes—not to change boundaries to take away land already sold to a third party.
Since your sale deed clearly mentions your property as adjacent to N’s property (site 22), N’s later rectification cannot shift boundaries to include your land. Their subdivision patta including your land is illegal and void as you were not a party and already had title.
Next Steps:
File a petition with the Tahsildar/Revenue Department to cancel N’s wrongful patta.
File a civil suit for declaration and permanent injunction to affirm your title and restrain N and seller from interference.
Seek cancellation of the 2019 rectification deed as fraudulent and beyond the seller’s power.
Thank you team for the advice. I already given complaint to rdo and they got the survey report thru thashildar after my follow-up. but no decision since 1 year from rdo. Only patta cancellation is enough from my side? How Can I challange department issuing sub division patta when my name in joint patta Referring patta rule in Tamilnadu. Presently area of my plot Stone piller with fence. Can I make boundary wall or start civil work or should I wait for patta cancellation.
If your complaint has not been responded for a long time, you obtain a status report through RTI act after which you can plan to escalate the matter legally by filing a writ petition before high court.
The revenue records are not title document, the registered title document will establish your title.
If there is any appeal or revision before the said department for challenging the same you can invoke that later you can tile a suit if favourable order is not sought
Patta cancellation alone is not enough — you also need a civil court declaration + injunction to secure your title and stop neighbor/seller interference.
File writ/civil suit to challenge subdivision patta as illegal since you already had joint patta.
You may build boundary wall/fence, but safer to do so after/in parallel with court case, otherwise they may object and create fresh disputes.
kanoon lawyer give service in filing suit and all legal process ? Property in Tamilnadu . I stay in bangalore. What would be your scope if so
Yes — a lawyer can file the suit, handle patta cancellation, represent you in court, get injunction/stay orders, and manage the full legal process for your property in Tamil Nadu.
It is better to engage lawyer practising in city wherein you want to file a case
if any lawyers from this website are from said city you can engage their services
You can contact the chosen lawyer of this website by booking a phone consultation through kaanoon.com and get clarified about all further details.
Hi Team Request to give some case laws reference/court judgement with reference to my boundary dispute
Your 2016 sale deed + bank loan + joint patta = conclusive proof of ownership.
Rectification deed (2019) cannot override/cancel a registered sale deed (SC: Prem Singh v. Birbal, (2006) 5 SCC 353).
Boundaries in rectification deed cannot deprive a third party’s valid title (Madras HC: K. Ramasamy v. N. Rajagopal, 2012).
Patta mutation/sub-division does not confer title; title flows from registered deed (SC: Balwant Singh v. Daulat Singh, (1997) 7 SCC 137).
You can look for suitable judgments through internet or through an advocate, moreover the judgments will be useful only for the litigation and not for knowing the contents of the judgment without able to do anything with the judgments