the terms of contract are sacrosanct
2) if your agreement only mentions well you would not be entitled to 16 guntas of land surrounding the well
3) arrive at an amicable settlment with uncle as going to court would be counter productive
Agriculture Land dispute
Sir, I am from Maharashtra. My father had 2 brothers. We had 42 acres of agricultural land between three brothers. We have divided the land equally between three brothers on paper (7/12 ) but the land is not got divided as per 7/12 due to dispute over the water well. We had combined water well which is physically located 70% in my father's land and 30% in second uncles 's land. When we divided land, we kept 16 gustas land for well separately and rest of land got divided equally between 3 brothers. As for 16 guntas, there can not be separate 7/12, it was decided to add that extra land in our 7/12 with all 3 brothers right over it. Later after few years, due to dispute over water, we all three decided to sell it one of the brother. We bought it for some amount. Actually well is only 5 gunta, but well land is kept of 16 guntas, We should get 16 guntas of land surrounding the well. My second uncle not ready to give land surrounding the well but along our land stretching our border from South to North. As in purchase document, it is not specifically written as"surrounding" they are taking advantage saying that it is not given surrounding the well. How can claim 16 guntas land surrounding well even it is not written in purchase document.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. Yes, they are rightly taking advantage of this anomaly. The buyer does not get more than what has been mentioned in the sale deed.
2.If your sale deed only the well is mentioned then you would not get he surrounding area.
3. It is not clear under whose possession the surrounding area is. If it is under your possession then continue to enjoy it.
4.However I think this dispute will continue unless you amicably settle this dispute.
How much area is mention in the purchase agreement? Is the description of the property with regard to well and the area mentioned in the purchase document 16 guntas then the buyer has right over the 16 guntas. If the boundary is not fixed then file a suit for fixation of boundary.
The area mentioned in purchase document is 16 guntas. It describes 'well and trees, bushes, pump etc' which amounts to 16 guntas. But there is no mention of "surrounding" word. If I am buying well of 16 guntas , I should get well and surrounding area which is equal to 16 guntas. If 'surrounding' word is missing, is it possible that they can give well which is actually 5 guntas and 11 guntas somewhere else. As we all 3 brothers decided ' surrounding area's verbally and while in purchase document , it is mentioned just property names. It was decided that when measurement of entire agriculture Land is to be done, then boundary of well will be fixed. But our cousin took U turn as boundary dimensions with clear directions not mentioned in the document. Now my another cousin who is partner in the well not ready to settle without the well and surrounding area. Because of this, entire land is pending without official boundary fixing. If I file suit, Can I get what we decided while purchasing. The surrounding area which is in my land is in my possession and other side which is in second uncle's land is in his possession.
Asked 8 years ago
It is necessary to peruse agreement entered into between your father and uncles ti advise
2) you are entitled to 16 guntas as per your agreement
3) you can apply to survey officer for demarcation of boundaries of the land
Take contention in your suit that 16 Guntas include the surrounding areas of well . File the suit for fixation of boundary .also file a interim injunction petition ; not to restrain your right over the surrounding areas by the defendant
My second uncle not ready to give land surrounding the well but along our land stretching our border from South to North. As in purchase document, it is not specifically written as"surrounding" they are taking advantage saying that it is not given surrounding the well. How can claim 16 guntas land surrounding well even it is not written in purchase document.
If your sale document is not having a mention about this property now being claimed by you, what is the basis of yor claim?
Oral agreement is not valid in law.
If the Well was purchased by a sale deed then only that well shall be owned and not the surrounding land therefore any claim in that regard should have valid evidence of title without which the opposite party my take an advantage over the situation.
You can file a suit to declare the title for that 16 guntas of surrounding land also based on the purchase of the well and orally agreed terms as well as possession of the same. Let the court dcide about based on the arguments put forth by both the sides convincing the court about the genuineness or each side.
The area mentioned in purchase document is 16 guntas. It describes 'well and trees, bushes, pump etc' which amounts to 16 guntas. But there is no mention of "surrounding" word. If I am buying well of 16 guntas
This can be a very valid point to argue the matter before court in the proposed declaratory suit because the 16 guntas of land is covering the well, tress, bushes and land appurtenant to it. In my opinion this is a strong point favorable to your side during argument.
If I file suit, Can I get what we decided while purchasing. The surrounding area which is in my land is in my possession and other side which is in second uncle's land is in his possession.
The proposed suit seeking declaration of title shall fetch you relief on the basis of the sale deed ion yor favor and you can seek even appointing an advocate commissioner for measuring the property and to allot you the purchased 16 guntas of land a per sale deed surrounding the well
Let the court decide.