Sale of house with patta and land area mismatch

Querist : Anonymous (Querist) 04 April 2021 This query is : Resolved
Dear lawyers can u please guide me in the following issues related to my house sale
1.my father transferred his house thru settlement deed of 600 sq ft which he I turn bought from another party as land and built house subsequently. But patta was given for 1600 sq ft including adjacent portion also.
2.When I measured I came to know that adjacent house owner built house encroaching my 50 to 75 sqft without knowing this my father built 600 sqft inturn encroaching in road. Please suggeste how to sell my house legally.
When approached govt surveyor he is ready to give patta for 525 sqft instead of 600 sqft.

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kavksatyanarayana (Expert) 04 April 2021
You stated that "my father transferred his house through Settlement deed of 600sq.ft. which he I turn bought from another party as land and built house" is not confusing? If your father settled in your favour, what is the extent of the site and plinth area? if you bought them from another party, what are they? If any difference in extent is noted, then you have to obtain a Rectification Deed for it from whom you bought the property or your father if settled by your father. And the extent is 600 or 1600 square feet? Your query is not at all clear.

Dr J C Vashista (Expert) 05 April 2021
Few relevant information has not been provided for forming an opinion and oblige.
It would be appropriate to consult a local prudent lawyer for appreciation of facts /document, professional advise and necessary proceeding.

Querist : Anonymous (Querist) 05 April 2021
In 2001 my father bought 600 sqft land from x who owned 1600 sqft as a whole. He sold remaining land of 1000 sqft to another person. That 1000 sqft party build house taking some 4 to 5 ft of our land. After that my father built a house measuring 600 sqft from their boundary. In 2020 he transfered the property to me thru settlement for loan purpose. When I applied for patta name transfer I came to know that the entire 1600 sqft patta is in my father name.
I applied for subdivision, govt surveyor measured and said he can issue patta for 525 sqft only. Please suggest some options to solve the issue.

ashok kumar singh (Expert) 05 April 2021
agreed with views expressed by earlier experts, therefore no comments
thanks

krishna mohan (Expert) 05 April 2021
Your neighbour has encroached your area sold through a sale deed by the same owner to your father. You can demand putta as your settlement deed and no reason for the revenue authorities to deny your putta for encorached land. You can consult local lawyer with all title deeds for right legal action to reclaim your land. Putta will get traansferred as per document and not physical measurements that too due to encorachments.