Actual area of land based on the facts written in sale deed
Bhartiya No. 1
(Querist) 14 October 2009
This query is : Resolved
My father had purchased a piece of land in a plot of size 0.98 acre in 1970 under municipal area thro’ a valid registered sale deed. It was ancestral property of the vendor got thro’ partition. Vendor had transferred most of the land to other parties namely 0.16 acre to A in 1962, 0.19 acre to B in 1968 and some land i.e. .32acre has been acquired by the govt. in 1956. I had to purchase remaining land left which is adjacent/share boundary with my other land. But at the time of registry of the sale deed there were confusion over area of the land left in the said plot since we do not had data regarding areas transferred to other parties by the vendor at that time, also vendor was illiterate. My father was in govt. job working outside the place and was not present at the time registry. He got this job done by my Uncle who is dead now. So it is written that total area of the land is 0.21acre under shown/written boundary (which is correct and for the whole land). Also in the recital portion of the deed it is mentioned clearly that only this much land of mine(Vendor) is left in this plot and if the land measures more than the 0.21acre in this plot, the vendee and their heirs will have the right, title, and possession, i.e. apart from the area 0.21 acre rest of the land which is excess in this plot is also been sold to the vendee with the same deed, now I have nothing left in this plot all the land has been sold to the vendee. Me and anyone of my heirs has no claim in this plot. This land is free from any encumbrances and even if vendee and their successor will be ejected from any part of the land then I and my heirs will be liable to pay the compensation. Recently we came to know that actual area of the land is 0.32 acre also boundary mentioned in the deed is correct and is for the whole remaining land we wanted to purchase. We were unaware of this fact till now. Also in the money receipt with Re 1/ revenue stamp, it is written that I (Vendor) have sold the remaining land in this plot which measures 0.21 acre to the vendee with a total sum of Rs. 3000/. Vendor had handed over the possession to us over the entire land remained. Vendor has died long ago. Now the only one son of the vendor who was minor at that time of registry, somehow managed to know this fact (since for mutation purpose we discussed facts written in the sale deed with the employee of revenue authority who disclosed it with him) and trying to grab the excess land with the help of revenue authority where he has applied for the measurement of the of the whole plot. We have not got it mutated till now also the land is currently lying vacant and in north side there is no boundary. Now can he claim after 39 yrs? What should I do? Will adverse law of possession applies on the basis of registered sale deed executed in 1970? Since vendor has mentioned/written in the deed that he is removing his possession and handing it over to vendee and sale deed came into effect from today itself?
Raj Kumar Makkad
(Expert) 14 October 2009
Plea of adverse possession is available against the true owner and the same is required to be hostile whereas in your case the same was sold and the possession of entire sold land and entire remianing unsold land treated to be sold through same sale deed was handed over to vendee and the till to date it vests in you but you mistakenly have not got the land mutated in your favour even after 39 years of registered sale-deed. This fact definitely goes against you otherwise the son of vendor has got no legal right to reopen the settled things at such belated stage. Better cover the entire plot through wall and raise some construction therein and seek stay order from civil court against son of the vendor.
Bhartiya No. 1
(Querist) 17 October 2009
Thanks, for the suggestion. How shall I seek stay order from civil court. Son of the vendor was trying to take physical possesion with the help of revenue authority and unsocial element. Somehow I have managed to stop this. Demarcation was done from revenue authority on 10th Aug. 2009 as per their wishes/whims in our absence. Even revenue authority does not have any information about how many owners are in the plot. I have registered a written protest at revenue authority. Please suggest me how to solve it through civil court. As most of the local lawyers, revenue authority and police are saying that facts written in the deed has no significance. Can I go for the declaration suit for ownership of the excess area. Please, guide me.
