Validity of sale deed & easement right
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
My query is about selling the plot/house with more area than what he has in the documents and purchaser’s claim of easement right. Details of the case with diagram (attached file) are following.
A plot ‘P’ in which two houses/buildings were situated was owned by ‘V’. First, in 1980, he sell half part of the first house ‘Q’ (a b c d – sale deed shows as area 600 sq ft without mentioning length and width) to W After that he sells other half part ‘R’ to ‘X’. Second house/building ‘P1’ (constructed area e f i j and open area i j g h) retain for himself. In 1993, ‘W’ sells the house ‘Q’ to ‘Y’. In the sale deed area was mentioned as 800 sq ft (more than 600 sq ft, what he had purchased from ‘V’), length 40 ft and width 30 ft as diagram a1 b c d1 (however map/diagram was not attached /mentioned). No any reason was given for excess area and length. Contradictory to this fact a statement by the seller W in the sale deed is exist – I (‘W’) am selling the same house to ‘Y’ which I had purchased from ‘V’, and another statement … whatever rights and uses I have is being transfer to Y also exist. Y reconstructed the house ‘Q’ as a b c d2 with covering additional area a d d2 and sifted the service lane toward ‘V’s open area. In 2005, ‘V’ sell the house ‘P1’ (e f g h - constructed area e f I j with open area i j g h) to ‘Z’. The lane is not mentioned in ‘W’s sale deed, in ‘Y’s deed it mentioned as – exit meets ahead to the lane/passage but in ‘X’ and ‘Z’s it mentioned as 4 ft wide. In the ‘Z’s sale deed map (najari naksha) is attached and lane is outlined as triangular as in diagram.
Now, ‘Z’ is reconstructing the house ‘P1’ as covered area e f i1 j1 and open area i1 j1 g h, but ‘Y’ objecting to any construction beyond k l line. He filled a false easement right suit/case showing k l m n as disputed area and claiming that – this area was always in his use and before him it was in previous owner ‘W’. My questions are –
1 – Is the ‘Y’s sale deed valid while contradictory facts and statements are exists in the sale deed as mentioned above and what may be consequences if ‘Z’ raises questions about that?
2 – Can ‘Y’ get some supports from the excess area mentioned, and statement- whatever rights and uses I (‘W’) have is being transfer to ‘Y’, in the sale deed, for his easement right claim.
