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Gift deeds - documentation - mother deed

Querist : Anonymous (Querist) 07 March 2019 This query is : Resolved 
My mother, now aged about 82 years, had purchased a house situated in a site through a registered sale deed at Mysore, Karnataka, on 11th October 1954 from a gentleman, who had got the Title Deed for that property on 16th December 1940 by City Improvement Trust Board, Mysore. In his Title Deed (Mother Deed) the dimensions were indicated as: North to South - 90 feet and East to West - (89 feet + 70 feet)/2 In the Sale Deed between by mother and the original allottee, same dimensions were indicated. But, in reality the actual possession was more. My mother is in possession of the property to the extent of : North to South - 90 feet and East to West - (108 feet + 83 feet}/2 right from the day of her purchase i.e., 11th October 1954. We have been paying house tax to these measurements from the very beginning and she has got Khatha also for the actual holding. In the records of Urban Property Ownership Records Office, actual holdings have been recorded after an Official survey by them. Now, my mother wants to gift the property to her two sons and a daughter through three separate Gift Deeds taking care to see that all the three children get almost equal share. Now, my question is whether the sum total of the dimensions of the divided properties should equal the dimensions of the actual larger holding or restricted to the dimensions indicated in the original Title Deed (Mother Deed)? If we have to restrict the dimensions to the original Title Deed, then what happens to the extra land that is in our possession since 1954? This extra piece of land is towards the Municipal Conservancy on the Eastern side. I may add here that the boundaries i.e., Chakbandi of the property tallies with the ground level position, Now City Improvement Trust Board is not there. In its place Mysore Urban Development Authority (MUDA) is there. Please advise how we should go about the documentation.

kavksatyanarayana (Expert) 07 March 2019
Dear queriest, First consult the Municipal/Corpn Surveyor and get a new plan with actual measurements. You shall mention the actual measurements in Gift deeds to be executed by your mother. And you shall mention that the actual measurements are ................... as per measurements taken by the Municipal/Corpn Surveyor and the old measurements ................as noted in the old deeds.


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