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Property

(Querist) 31 August 2012 This query is : Resolved 
the plot belongs to four persons A,B ,C and D.there are four deeds.the deeds specifically states the area of which they are owner,but the property is not demarcated i.e they dont know where their respective share are in the plot.A wants to file a declaratory suit to get the front portion of the plot.Is A making the right approach by instituting the declaratory suit or does he need to file a partition suit?PLEASE ADVICE

REGARDS,
JAVED
Advocate M.Bhadra (Expert) 31 August 2012
A can amicably settle the matters with others to demarcated by a Partition Deed and register the same,failing which A can file a Partition Suit against B,C and D in Civil Court but due process of court is lengthy.
Anirudh (Expert) 31 August 2012
Dear Mr. Javed,

Your post is the most confusing.

You say there are four deeds. Am I to take it as Sale DEED?

You also say that the Deed specifically states the Area of which each one is owner. What do you mean by Area - is it in sq. yards etc., or area showing as bound by north, east, south and west?

Anirudh (Expert) 01 September 2012
I find that lot of persons only give very little facts but expect answers to their query.

If any additional information is asked, they simply vanish. It only shows that they are not serious in getting appropriate reply.

This is one such case.
javed ahmed (Querist) 01 September 2012
Dear Mr Anirudh,

You are right, its a sale deed.The area is in sq ft.The total area is 25,000 sq ft.It is a big plot of land.All the sale deeds says that they have bought 6250 sq ft,but nothing has been mentioned about the location of the individual area, i mean who is the owner of the front portion or the back portion etc.take the example of a square figure.i hope it will help you.if you require any more information please do leave your query.

regards,
javed


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