• Property survey report query

Dear Sir's,
            A few days back my neighbor had requested 
the government survey people to have his site/property surveyed.I living next door also received a notice.The neighbor was dividing his property with his Brother.My 
involvement was only basic procedure I presume.The property on both sides of our building belong to our neighbor.After the survey was over,there was a basic document to sign which basically said that the
survey work was done and I was in agreement with it
and another document.I signed them under the impression that my involvement was just negligible.
I than asked a copy of document on which I signed to 
be given to me , to which the government guys were 
very reluctant ??I managed to get a copy with great effort.After getting a copy of the document to which
both me and my neighbor had signed I handed back 
the original to the survey chaps.Now this survey chap writes on the document  ' in my pression' and than signs it.I did ask that now a copy be given , to which they did not agree ?? This raised some serious questions in my 
mind.Whether I had inadvertantly signed by mistake 
and done a legal bulnder.I rang up my Lawyer and he said that when the main document regarding the property is drafted if there are any changes than it can be challenged with the ADC/Senior Officer.The property
is in the name of 3 people my Mother,
Elder Brother and Me.I alone live in India.

My questions are as follows.

1.Can my signature be used to give validity to a 
  survey report and can this survey report be altered 
  to suit any illegal actions ?Once I get the survey 
  authentic report if there  are any errors , will my   
  signature imply tacit consent ?
2.The site is in the name of my Mother,Elder Brother 
  and me.The fact that all three own this property ,will the 
  weightage of my signature be negligible.
3.Since I got a xerox on the document I signed and 
 later on one  of the survey guys added his signature and name,now this means there are two copies, one with only the signature of me and  neighbor and the other with survey chaps signature etc. Is this a good point in a legal scenario as both handwritings match.Even one of the survey chaps wrote something so his handwriting is on that document.
4.My Lawyer even suggested that I can get my 
   site surveyed by the same government people.If the 
   survey report of my site is correct does this mean all is 
   well ?Does the property extract after a survey
  report have to reflect any changes ?Is there a 
  deadline before which I must file for any re-survey or I 
  can get my site verified many years later ?
  
5.Over all in the event of some illegal modfications
  what is my standing ?How is my legal position.I am waiting for the survey document   in a few days.The purchase documents/deeds, municipality tax,proerty
  extract/called utthara here , all are correct.
Asked 10 months ago in Property Law from Hubli Dharwad, Karnataka
Religion: Hindu
1) survey report cannot be altered to suit any illegal actions . if there are any errors you can draw attention to the errors in survey report 

2) you cannot bind your mother ,  elder brother in respect of the survey conducted by the surveyor and the report

3) photostat copy is only a xerox and not original  of the document. it can be a certified copy as surveyor has signed it 

4) go by your lawyer advice . get your site surveyed too 

5) in the event of illegal modifications have been done contrary to survey report in your possession you can as advised by your lawyer challenge the survey report
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Dear Sir/Madam, you don't worry about it, if any thing happen their copies and you should tally from your documents if any thing is wrong you have to challenge before higher authority of survey department. You have to wait for their copy in officially, thereafter you have to take decision. You are one of the neighbour your presence is very necessary for the survey of the neighbours property which is adjacent with your property.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

1.Can my signature be used to give validity to a 
  survey report and can this survey report be altered 
  to suit any illegal actions ?Once I get the survey 
  authentic report if there  are any errors , will my   
  signature imply tacit consent ?

You have not stated that whether the papers you have signed has any adverse impact to the effect of your worries about it. 
The surveyor's report shall not alter the your property document nor anyone can claim or occupy your property illegally quoting the surveyor report. 
You can be free of any tension in this regard until you get any notice from any corner.



2.The site is in the name of my Mother,Elder Brother 
  and me.The fact that all three own this property ,will the 
  weightage of my signature be negligible.
Even your signature alone shall not have any impact on the apprehended illegal move against you, hence you can be rest assured about i.



3.Since I got a xerox on the document I signed and 
 later on one  of the survey guys added his signature and name,now this means there are two copies, one with only the signature of me and  neighbor and the other with survey chaps signature etc. Is this a good point in a legal scenario as both handwritings match.Even one of the survey chaps wrote something so his handwriting is on that document.
You have still not stated that what was the content of the document which is bothering you to this extent. If you have the photo copy of the said frightening document, what is the contents in it is bothering you so much? You can come out with details so that you will get more proper opinions and suggestions to tackle the same legally.  



4.My Lawyer even suggested that I can get my 
   site surveyed by the same government people.If the 
   survey report of my site is correct does this mean all is 
   well ?Does the property extract after a survey
  report have to reflect any changes ?Is there a 
  deadline before which I must file for any re-survey or I 
  can get my site verified many years later ?
As suggested by your lawyer, you can get your property too surveyed by filing an application with the survey department and secure the report for all future safety.



5.Over all in the event of some illegal modfications
  what is my standing ?How is my legal position.I am waiting for the survey document   in a few days.The purchase documents/deeds, municipality tax,proerty
  extract/called utthara here , all are correct.
The surveyor is not an authority to make any illegal modification.  Any one claiming any benefit out of this false or illegal modification, it can be challenged before the court properly, before that wait for any such development. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. Certainly. You have agreed to the Survey Report by appending your signature on  original document. You should have verified the Report before signing,

2.  No, it will not be negligible but any of its adverse impact can be challenged by the other co-owners,

3. How does it matter? They will present the document with the signatures of all involved. Even with your signature it will be argued that you agreed with the Survey Report. However, if any gross discrepancy in the said document is detected later on, the said document can be challenged in the court,

4. You can immediately apply for the survey of your plot and that survey report will be of very important document in your support,

5. On receipt of the fresh survey report of your plot, you can plan for your next action including taking appropriate legal action. 
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
If you have doubt that your signature is taken by fraud you can file suit for rectification or file a revision petition before superior officer. Your signature cannot bind other share holder  of the property because they cannot give you such right to act on their behalf. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Unless the actual report of the surveyor is available nothing can be said. If, however, the report is detrimental to your interests then you can apply for a survey to be conducted on your property. In the event of a discrepancy in the two survey reports a lawsuit for declaration of ownership to the property may have to be filed in addition to assailing the report of the surveyor. 

2. Wait for the report of the survey and then chalk out the further recourse. If on the basis of the survey report your neighbour applies for mutation, the effect of which is detrimental to your interests, a lawsuit for injunction may have to be filed.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) your signature has been obtained on survey report merely to show that survey was carried out in your presence . 

2) in case of any errors report can be challenged by aggrieved party 

3) always advisable to get your site surveyed too 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
The report does not take away your title, so you can challenge it in future if required. If there is nothing in the report concerning your property then there is no need to opt for a survey.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1.If there might be some misuse and errors can such reports
   be challenged in the future , any time ?
Generally during survey of a property, the neighbors will be given notice because during inspection for the purpose of survey, to find out the actual measurement, the neighboring houses or areas will also e taken into consideration for measurement and afterwards the neighbors property will be subtracted from the total measurement to arrive at actual measurement of the property being surveyed.  Therefore there is nothing to be concerned about it when your property is not affected in the survey report. 



2.Would it be prudent for me to get my site surveyed ?
   The said report does not mention size but states that
   there is no encroachment.
If there is no encroachment then there is no cause for worry, however if you want to get your property surveyed, you may apply for it.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. You stated that the survey is alright and you agreed to it. ou have already collected the Survey report where your neighbor also had appended his signature. This is a valid document for you to challenge any illegal claim on your land by the neighbors on a later date,

2. You can optionally get your land surveyed to conform with the survey conducted by your neighbor to be doubly sure about your land.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0

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