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Sanctity of self prepared map/site plan

Guest (Querist) 06 March 2013 This query is : Resolved 
If a conveyance deed didn't mentions the boundaries of property and its surroundings then does the plan privately got prepared by the owner/plaintiff from draftsman and annexed with plaint carry any significance or sanctity if there is a dispute as to properties included in the site plan as it contains different units. How can the plaintiff prove that all units are part of his property?
Actually conveyance deed was executed about 63 years ago and it neither has any schedule of property with it nor any mention of boundaries. It also doesn't mentions the total area of property. Conveyance deed only mentions that property no XXX is allotted to Mr. Y.
Devajyoti Barman (Expert) 06 March 2013
Subsequent plan will have no value.
The plaintiff needs to give documentary or ocular evidence about usage of the disputed area.
Raj Kumar Makkad (Expert) 06 March 2013
If the no. of the property was given then it is to be established by the plaintiff by way of some other reliable evidence that the no. of the property included such and such dimensions. Such additional evidence depends upon situation to situation which you have not mentioned clearly here.
bhagwat patil (Expert) 07 March 2013
In 1880 years the land survey were done ,in 1930 the existing land record system was enforced, and the survey no. were allotted to every piece of land with village maps. As you say the deed mentions the no.you can easily find the boundaries of the land by referring village map.
Guest (Querist) 08 March 2013
Respected sir,
The property is urban and the conveyance deed only mentions the number of the alloted property. In that case without mention of boundaries in conveyance deed and without mention of its alloted area and in absence of any schedule attached to it, on whom lies the onus to prove the area of property. If plaintiff gets a site plan prepared according to his own wish how can the adjoining person who is in possession without ownership proof dispute his claim as being unauthentic.
JANAK RAJ VATSA (Expert) 12 March 2013
the onus of proving the dimensions and area of the property would lie on the plaintiff because after all a period of 63 years has lapsed and even by the principle of adverse possession, the plaintiff should be able to survive with his submissions
Raj Kumar Makkad (Expert) 12 March 2013
I do agree with Janak Raj that the plea of adverse possession is duly available to the plaintiff in the given case.
Guest (Querist) 12 March 2013
Respected experts, does that mean that the person who is in possession of the adjoining property, without title deed for more than last twelve years can stake his claim on the basis of adverse possession if the plaintiff fails to prove that the site plan annexed with petition covers the area as per conveyance deed. If onus of proving the title to the area is on plaintiff than in that case is defendant the ultimate gainer.


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