Legality of land registration
Hello Sir,My Father Purchased 200 Square Yards Residential plot Land in 1999(Reg.Doc No :1484/1999)(Not Yet Build) through Registered Document in Survey Number 417/1 and that survey number Total Extent is 4 Acres 09Guntas .All Our Link Documents Shows Correct and Exact Boundaries which matches of 417/1.
In our Link Documents It is Clear that 417/1 Actual Pattadar Atchamma sold her 417/1 Total Extent(4.09 guntas) land to 3 member through her GPA(GPA No:18/1995) in 1995,in that 3 members One Member sold land to us..EC Copy also Confirms this Information till Now.
But By Mentioning that Same land i.e., 417/1 Survey land with 427/1 Boundaries she directly sold to someother one .In 1994 she sold Extent of 5.05 Guntas to three members that extent is beyond the extent of Actual 417/1 Extent 4.09 guntas.
In this Regard, Few days Back another person came into picture with a Reg.Doc No :1476/2008 and said that i purchased land from a person who is got Registered that land with Reg Doc No:784/1994 Directly from Pattadar Named Atchamma.
We Verified all the Documents of Other Parties and found that in Doc.No :784/1994 Survey Number is same(417/1),But All Four Boundaries are Totally incorrect and that Boundaries Exactly Matched to 427/1 in the same Revenue village.and onemore thing Pattadar of Both Survey Numbers(417/1 and 427/1) is Same One Named Atchamma and she is No more and 784/1994 Document holder was died in 2011 WITHOUT changeing Boundaries through Adjustment Registration in his document..
Now My Doubt is Whose Registraion is valid/Legal..Either Survey Number with Correct Boundaries Registeded in 1995 or By Mentioning same Survey (417/1) Number with Other Survey Number (427/1) Boundaries in 1994 is Legal .
My Humble request is Please refer a case No and its judgement regarding to this type of Issue..which is favourable to us .Please Guide us to get Justise.
(Example :-Assume That if a person having 2 houses with his name and he sold first house by mentioning Exactly second house boudaries to one person..after that he sold
that same first house with Exact Boundaries to some other person,Both Parties Not Occpupied till Now.in such case that registraion is favourable to whom)
Now My Doubt is Whose Registraion is valid/Legal..Either Survey Number with Correct Boundaries or same Survey(417/1) Number with Other Survey Number(427/1) Boundaries .
We are Retired Coalmine Employees,we want to construct residential houses in that 200SquareYards Land.
Asked 6 months ago in Property Law from Kothagudem, Telangana
1) the third party has to call upon seller to execute deed of rectification ti correct the mistake inbounaries and survey number
2) if seller is dead his legal heirs canex cute rectification deed
3)purchaser can contact survey office to get plot survey done and demarcation of his boundaries
Since there is a discrimination in the documents disputing the boundaries of the property purchased by tow different people vide two different registered document,the dispute shall never be solved even by compromise agreement.
Hence it is better aproach court with a suit for declaration , if need be by appointing an advocate commissioner to declare your title and actual boundaries of the property purchased by your father.
Any other method adopted, may or may not bring any fruitful result or resolve the problem.
Respected Sir,With Respect to my Query Let me know one thing clearly,that is whose Registration is valid either First Registration(1994) with a survey number 417/1 by mentioning All Exact Boudaries of 427/1 OR second registration (1995) with 417/1 Survey Number by Mentioning Exact accurate Boundaries of its own?????
Asked 6 months ago
first registration would be valid which mention exact boundaries of your plot
as far as second document of 1995 is concerned if there are mistakes in mentioning correct details deed of rectification has to be executed
The validity of the registration will be decided by court only and you have a solution through court alone. You seem not satisfied with the proper opinions given here and you expect a reply or opinion appeasing you or suiting to your taste.
You were suggested with a proper measure to safeguard your interest in the property ads well as to secure it properly, now you have to decide whether to keep arguing or would do something to save your property.