Property dispute
Sankar Raj
(Querist) 28 October 2011
This query is : Resolved
Hi All..
I have purchased 10 Cents of Land in Kerala (Trivandrum) with Bank Loan. All the documents are verified by the bank Lawyer including the reservay sketch. and my loan was approved by the bank.
After the registration I made boundary walls on the basis of my Title Deed and resurvey sketch.
(18 mtr front 22 mtr left side 21 mtr right side and 17.5 mtr back side)
Later my neighbour filed a case against me by saying that i have acquired his land. He is having 40 Cents of Land which is on the left side of my land.
As per his Title Deed also he is having 40 cents but the measurements in his Title deed is wrong, it showing 20 mtr front but in actual its only 15.5. In the Resurvey also its clearly showing that his front end is 15.5 meters and total area is 40 cents. If he getting 20 meters in front then then the total area of his land become around 44 cents.
The court designated a commission and a surveyer to measure the land and the commission had measured the land as per the resurvey plan and sumbitted before the court.
Now his lawyer requesting before the court that he need to measure the land again accourding to the measurement in his Title Deed (which is having the wrong measurement.)
his registration of land was happened on 1997 and mine is happend on 2008.
Please let me know some points which will give more importance to the resurvey plan.
right now i am in big trouble to maintain the case and monthly installments.
Regards,
Sankar
prabhakar singh
(Expert) 28 October 2011
LOOKING ON FACTS AS STATED IN YOUR OWN WORDS TO REPEAT "As per his Title Deed also he is having 40 cents but the measurements in his Title deed is wrong, it showing 20 mtr front but in actual its only 15.5. In the Resurvey also its clearly showing that his front end is 15.5 meters and total area is 40 cents. If he getting 20 meters in front then then the total area of his land become around 44 cents."
EVEN IF HIS SALE DEED IS OLDER THAN YOURS HE CAN NOT BUY ANY THING MORE THAN HIS VENDOR OWNED.WHEN OLD SURVEY MADE BEFORE HIS SALE DEED IS SHOWING 15.5METER OF FRONT,THEN OBVIOUSLY HIS VENDOR DID NOT HAVE OR OWNED20METERS TO TRANSFER TO YOUR OPPONENT THAT GOES TO PROVE THAT SALE DEED IN THIS RESPECT IS WRONG AND CAN NOT PREVAIL AGAINST THE SURVEY'S MAP WHICH IS EQUALLY BINDING ON BOTH PARTIES AS WELL AS ON THEIR PREDECESSOR IN TITLE.
IT SHOULD BE RESISTED THAT COURT DOES NOT ALLOW HIS APPLICATION TO RELAY SALE DEED OVER THE MAP PREPARED BY COMMISSIONER AS THE SAME WOULD SIMPLY CREATE CONFUSION AND THE CLARITY OF PICTOGRAPH SHALL STOOD DESTROYED.IN ALTERNATE IT SHOULD BE SUGGESTED THAT IF YOUR OPPONENT AT ALL WANTS THE RELAY AS DESIRED IT AMOUNTS TO HIS PRIVATE EVIDENCE AND THAT HE CAN DO BY TAKING COPY OF THE MAP PREPARED BY COMMISSIONER AND GETTING RELAYED THE SALE DEED DESCRIPTION PRIVATELY.
Devajyoti Barman
(Expert) 28 October 2011
It all depends upon whose deed is rightly speaking.
So wait for official measurement.
If your papers are ok then there is nothing to worry.
M V Gupta
(Expert) 29 October 2011
Your Lawyer should oppose the application filed by your opponent for a fresh survey on the ground that the survey report submitted by the Court Commission is confirming the official survey report relied on by you. Further the defendant's sale deed is for 40 cents; the measurements indicated in that document if calculated would lead to 44 cents. Hence the measurements as given in that deed are ex facie wrong and cannot be accepted.
Sankar Raj
(Querist) 04 November 2011
Thanks a lot for your valuable advice.
Sankar
