Importance of Description&Boundary of a land
Querist :
Anonymous
(Querist) 26 May 2010
This query is : Resolved
Respected Sir,
A person intended to purchase a whole plot, Since he was wkg. outside, so he entrusted a friend of him to get it registered. Due to wrong measurement the area of the plot registered is smaller than the actual. But the Description and boundary mentioned is correct. Possession too was transferred. Also in the recital portion intention of both parties are clearly mentioned. Consideration too was paid for the whole area of the plot. Now plz. suggest how it will get corrected? On contacting the vendor , he is denying for correction, rather claiming the rest of the land. Local advocates are suggesting to go for declaration suit. Does description/boundary and recital portion is significant or any role has to play in this context?
Thanks to all.
Raj Kumar Makkad
(Expert) 26 May 2010
Follow the guidelines of local advocates otherwise to face the vendor who is now showing his selfish intension.
a.manoharan
(Expert) 27 May 2010
if the shortage of the extent of property can be corrected, there should be ownership. otherwise, without ownership, how it can be corrected? what parental deed says?. one who can convey the property only what he has.
Querist :
Anonymous
(Querist) 27 May 2010
Sir,
He is original owner of the plot, his forefathers name is in survey of 1919. He has conveyed, what he had?
Guest
(Expert) 27 May 2010
Send a legal notice to the seller to execute a 'Rectification Deed', failing which lodge a criminal complaint as well as file a declaration suit. Also Obtain injunction order against him to restrain him from selling that portion to others.
niranjan
(Expert) 27 May 2010
There is a judgment that boundries prevail over the measurement.you can rely on that.
Uma parameswaran
(Expert) 27 May 2010
Go through the mother document and direct the seller to execute a Rectification Deed.
Querist :
Anonymous
(Querist) 28 May 2010
Sir,
Thanks for your prompt and kind reply. Sir, what type of criminal complain should I lodge. Even he tried to take control of the some portion of the land,
