Plot size less than sold by dealer

Querist : Anonymous (Querist) 13 July 2020 This query is : Resolved
Hi,

I recently purchased a plot from a dealer. It is now registered against my name. (including Intekaal/Mutation).

The plot dimensions are per registry are 33 x 55 feet (with 24 ft wide roads on front and right side)

I noticed during laying of the foundation of the dimensions of the plot is 1 feet less on the front (i.e 33x54) and i reported this to the dealer. He is saying to include the road 1 feet in the front (which seems to be illegal) and he is not ready to pay back the amount.

At the time of measurement, i did not check the dimensions of the road and he had showed me 33x55 size plot but which might have covered the road at that time.. leaving the front road to be 23 feet wide instead of 24 ft.

Can somebody help me and point me in right direction. What could be done in this regard?

Thanks
Gurjeet

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Quick Summary

A plot owner discovered their newly registered plot is smaller than stated by the dealer, with the dealer suggesting the road width be included as part of the plot. This is potentially illegal and the dealer is refusing a refund. Other users suggest consulting a local lawyer, sending a legal notice, and potentially filing a case for refund and damages, or even a criminal complaint for fraud. Rectifying the deed is also recommended to avoid future issues, especially if the amount involved is significant.

Rajendra K Goyal (Expert) 13 July 2020
Discuss in detail with local lawyer, send legal notice and file case for refund and damages.

May file criminal complaint against the dealer for fraudulent act.

kavksatyanarayana (Expert) 13 July 2020
It is better to get the registered rectification deed to avoid legal complications in the future. As per your query, the dealer is not ready to refund the difference amount. so file a case by consulting a local advocate.

Dr J C Vashista (Expert) 14 July 2020
When did you purchase the plot ?
Did you measure the plot at the time of plot ? If so, whether it was correct including 1' road as stated by vendor ? if not, why ?

Dr J C Vashista (Expert) 14 July 2020
How much land / amount is involved in the plot stated to be deficient ?
If it is meager forget it, otherwise issue legal notice to the vendor.

Rajendra K Goyal (Expert) 14 July 2020
Agree with the expert Dr. J.C. Vashishta ji that if the difference amount is meager, it should be overlooked. Try to get rectification deed.

P. Venu (Expert) 14 July 2020
What is the relevance of the dimensions of the road? Is it a public road? What is the situation with other plot holders?

krishna mohan (Expert) 14 July 2020
Dealer is bound to deliver you encumbrance free title as per document. If not you can consult a local lawyer to demand specific performance and initiate legal remedies as provided in the sale deed.

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