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Ambiguity about measurement of land

(Querist) 03 November 2014 This query is : Resolved 
Sir,

Our inlaws have purchased a plot of "L"shaped Land in the year 1991.

In the registered sale deed, the words are read as below ( Translated from Kannada deed);

"As our family is in need ofmoney..... we are now selling 05 guntas of land out of 1.13 ACRE land owned by us.

Subsequently it also given in the schedule as below;

Amidst above said boundaries, 05 guntas consists of -site measuring east to west north side 105 feet x 30 feet,and North to south east side 90 x 40 feet.

The ambiguity here is, whether this should be considered as 05 guntas 1089 x 5 =5445 sq.ft or 3150+3600= 6750 sq.ft.

Now the kins of the deceased land owner is arisising despute & claiming that we are entitled only for 5445 sft and not 6750 sft.

There is a storm water drain towards end of west side and the goverment measurement is not available to us.

Request the experts to kindly guide us in this regard to prove the measurement.

Regards,
KMurthy
Devajyoti Barman (Expert) 04 November 2014
File a suit for declaration of boundary and of injunction if amicable settlement is not possible.
Krishna KS (Querist) 04 November 2014

Sir/Madam,

Can we prove that the measurement in square feet rather than the 0.5 guntas since the measurement is more clear in the deed.
T. Kalaiselvan, Advocate (Expert) 07 November 2014
In the suit for declaration of boundary, you can make an application to appoint a commissioner to inspect and fix the boundaries as per the sale deed with the help of the government surveyor and revenue department officials. This will be the legal solution if there is no amicable solution to the ongoing problem.


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