• Possession of land

There was a farm land in my village which measured 200 R. It was in the name of 4 owners say A, B C & D. i e 50 r each since 1971. D did not have any issue so he sold it to A. A now had 100 r, B had 50 r & C had 50r.All a, B, & C died. so property was transfered to their sons. A has A1 & A2 as sons. B has B1 as Son. And C has C1, C2, C3 as sons. The entire land was in the possession of A1 and A2 till 2015. There There was quarrel between A1 & A2 on one hand and Sons of B and C on other hand. so C1, C2 & C3 decided to sell off their share to a stranger. Cs approached me as I was a neighbour and sale deed of 50r was done in my favour with A1, A2 & B1 consent in the sale deed. all directions were also mentioned in the sale deed. ie. south western portion of the land. and neighbouring nos. Though  title of the land was registered in my name , As were not giving my full possession .They gave only half possession. So getting disappointed I sold it out to another party. now the land is in their name. 1)What should he do to take possession.2) Is their any need to go to court to for partition as in the sale deed fixed portion is alloted
Asked 4 months ago in Property Law from Parner, Maharashtra
Religion: Hindu
1) Since you have sold land to purchaser you have to deliver vacant possession of land to the purchaser 

2) if other co owners of adjoining land are creating obstacles in purchaser taking possession of land he shoukd file suit for eviction of the trespassers who have encroached on his land

3) partition suit is not necessary as land is divided by metes  and bounds
Ajay Sethi
Advocate, Mumbai
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Well thats the ordinary disputes these days with co sharers. Can i know is the property in ques a land or building.

If it is land u need not to go to court for partition just cover the area with wall and if anyone stops him call police and u can get fir registered against person who stops.

If it is building and seperate from cosharer and half of the posession is with other u can call for suit for partition or also can recieve direction from hugh court for partition.
Shivam Sood
Advocate, Ludhiana
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1. Despite the specific portion of property being allotted in the sale deed the fact remains that the property is undivided, so he should file a suit for partition to get the possession of what has been sold to him.

2.Metes and Bounds means physical partition of the property.
Ashish Davessar
Advocate, Jaipur
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Metes and bounds is the boundary lines of land . 
Ajay Sethi
Advocate, Mumbai
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Actually when you bought the property the partition and separate possession should have taken place.

Whereas you were satisfied with the demarcation mentioned the sale deed alone and did not insist on separate possession of the entire property you purchased.

The buyer who bought this property also did not insist on this which is another blunder mistake.

However since the buyer has identified his portion of property, he can file a suit for possession of his property by impleading those adamant co-sharers as defendants.  
T Kalaiselvan
Advocate, Vellore
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What is meant by metes and bounds

Metes. The term "metes" refers to a boundary defined by the measurement of each straight run, specified by a distance between the terminal points, and an orientation or direction.
Bounds. The term "bounds" refers to a more general boundary description, such as along a certain watercourse, a stone wall, an adjoining public road way, or an existing building.
Metes and bounds is a system or method of describing land, real property (in contrast to personal property) or real estate. 
Typically the system uses physical features of the local geography, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel in sequence, from a point of beginning, returning to the same point; compare with the oral ritual of beating the bounds. It may include references to other adjoining parcels (and their owners), and it, in turn, could also be referred to in later surveys.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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