If the seller was aware of the lesser aware then he can booked under the charge of cheating.
Area is less than area mentioned in purchase deed
I have purchased property in the year 2007. now i came to know that area of property is less than area mentioned in sale deed. i feel that owner of property sold property to me, knowingly the available area is less than area mentioned in purchase deed
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1) what are you doing for 9 years ?
2) at time of purchase you should have taken measurements of flat before partying with your hard earned money
3)you can issue legal notice to purchaser if area sold to you is less than mentioned in sale deed
4) if you move court delay of 9 years has to be explained by you
Hi, Now you can't do anything before purchase the land you have to measure the property and then only you have to purchase the property.
2. If you want your land now, then you have to file a suit for deceleration and possession against the person who has encroached your land.
In such type of cases we can file a complaint before the consumer court also asking damages and loss. But in your case the delay of 7 years hit on limitation and the claim will not sustainable in the eye of law
Your grievance is that the area of the property which has been sold to you. The remedy is to file a suit for possession against the seller. Alternatively, a suit for cancellation of sale deed and recovery of sale consideration with compensation on account of breach of trust can also be filed against him.
If you have purchased by the property by a registered sale deed, then you may with the help of government surveyor measure your property and find out the discrepancy and at which place.
If you find that the area sold to you is less than the area show in the sale deed document, you may verify the same from the link documents and confirm where the mistake happened, if the sale deed was fraudulently prepared by showing additional areas which do not exist as per the link documents, you may issue a legal notice to the vendor to execute a rectification deed with correct measurement and to return the excess amount taken by him by way of sale consideration. If he is not complying, then you may initiate legal action against the vendor both through civil and criminal laws.
Suppose the sale deed is correct by its measurement and confirmed by the link documents, then you may file a declaratory suit to declare the exact area which shall include the area occupied by the neighbors and possession of the same.
