Land survey no incorrect
Abhijit
(Querist) 09 February 2012
This query is : Resolved
Hi All,
Need expert advice.
My father bought a land few years back in 1995. He purchased additional land which was adjecent to the original land in 2001 from the same owner. The additional land which was purchased in 2001 had survey no as 120. The documents with the Tasildar and agreement copies also has this no. The agreement for this new land has description (Eg. whose land is at east,west,north,south etc for this new land) to indicate the exact location of the land. This is correct even as per today.
Recently, another person has raised a claim that the new land purchased above actually belongs to him and survey no 120 land is a different land. Meaning that survey no in property documents is incorrect for the specific land.
Now, the situation is that the survey no stated in documents is incorrect but the land description (north,east,west,south side owner names etc per agreement) is correct.
What are the options to keep the new land in father favour? I noticed that if treated as "Adverse Possession" if the land is in possession for 12yrs, the real owner loses the right to relief.
Requesting your expert advice for this situation.
Thanks.
M/s. Y-not legal services
(Expert) 09 February 2012
apply to concern revenue officer to resurvey and fix your boundaries..
after that think about adverse possession..
-tom-
Abhijit
(Querist) 09 February 2012
Thanks Tom.
The problem is that resurvey would still say that the land survey no is incorrect and the land with 120 survey no is not this land. Is there any provision to perform correction in land survey no depending on the peripheral location stated in the agreement? This peripheral location stated is correct. Are there any such provisions in law to rectify the incorrect survey no depending on the peripheral location stated in agreement?
M/s. Y-not legal services
(Expert) 09 February 2012
no problem abhijid.,
do you have any parent document for your property? there will be a four boundary.. by that you can find your exact property..
may be its may got so many sub divisions.. even just try it..
-tom-
Abhijit
(Querist) 09 February 2012
Yes Tom. I do have the parent document which states the adjecent landowners in all 4 directions (north, east,west,south). Eg. It indicates that the new land has:
1. Land with survey no 122 posssessed by Mr Ajay S at north side
2. Land with survey no 124 posssessed by Mr Sumit P at east side
and so on for west and south side..
Fortunately, these owners stated in the agreement for adjecent lands are still the same.
Is it possible to execute a rectification deed for the incorrect survey no in principal agreement? If the person claiming the new land is not ready for rectification deed what are my other options than to file case under section 26? Can the Tahsildar/land officer prove any help here?
Abhijit
(Querist) 09 February 2012
Section 26 of the Specific Relief Act 1963. Is there any other option via land officer/Tahsildar?
Raj Kumar Makkad
(Expert) 09 February 2012
It is better for you to move an application to Tehsildar to make survey and fix the survey no. 120. If the land is joint with various co-sharers then partition of the land can be got obtained from Tehsildar and your possession over the specific portion shown in your registered sale deed may be saved.
prabhakar singh
(Expert) 10 February 2012
The property was purchased in 2001 from where you need to count 12 years to expire in 2013,hence real owner still has his claim
More over mere by purchase no right of adverse possession can be claimed unless you or your vendor have done some hostility against the wishes of real owner with in his knowledge to which 12 years have passed.
If property is recognized by a number and records of rights are not in the name of vendor of your father then only because boundary given in sale deed tallies with spot can not become basis of claiming title.
Think this way..if i sell your house by giving its' correct boundary can sale by me of your house be held valid?????
