Property boundry

Vinod Reddy (Querist) 02 November 2022 This query is : Resolved
Property seller has included a part of the land which is already being used as a public road (even buses ply on this road) in the total extent of land sold to me.

Is this allowed?

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Quick Summary

A buyer is disputing their property boundary after the seller included a public road in the sale and subsequently redrew the boundaries. The buyer claims a sketch attached to the sale deed excluded this road, but the seller now denies knowledge of it. While the seller's actions appear incorrect, seeking professional legal advice with all relevant documents is crucial for a definitive resolution.

kavksatyanarayana (Expert) 02 November 2022
Did you not observe before purchasing the land? Or at least at the time of preparing the sale deed did you not observe? It seems to be not a real one.

Dr J C Vashista (Expert) 03 November 2022
Did you verify the fact before finalisation of sale / purchase transaction ?

Advocate Bhartesh goyal (Expert) 03 November 2022
Buyer beware principle applies in your case.you should have taken an opinion from an able expert in this regard before purchasing land. Now nothing can be done.

Vinod Reddy (Querist) 03 November 2022
The sellers land starts from the middle of the public road. Having verified this before purchase, we excluded this portion and purchased a remaining part of the land. The seller holds another half portion of the land. This was recorded in the Sketch attached to the registered sale deed. This site sketch was also signed by the seller and buyer.

Now the seller is claiming ignorance of the above sketch and has redrawn the boundries to include the part of the road as part of the land sold to me.
he has also moved the boundry wall.

Sri Vijayan.A (Expert) 03 November 2022
The seller is not right.
However, this reply is purely based on your question and the facts that you have posted here.
Actual figure can be understood when both the parties are heard.
A real advice can be given only on seeing the sale deed and contents.
So, consult a lawyer in your area in person. Go to him with all the relevant papes.

Dr J C Vashista (Expert) 04 November 2022
Show the sale / purchase documents and sketch to a local prudent lawyer for appreciation of facts, analyses, proper opinion and professional advise.

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