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Lakshmi (Home Maker)     19 August 2010

Discrepancy in my sale deed and FMB

Hi,

I purchased a plot on the outskirts of Chennai in 1984 and got the survey done a month back as I found encroachment on my plot on one side from the next survey number.

1...As per the registered document by the Sub-Registrar, the ground after my eastern side of my plot boundary falls under a different survey no. The other plot owner has encroached 1 metre into my plot and put a fence. The FMB for my survey no. clearly shows my plot on the eastern side is the last.

2...The side encroached is shown on FMB to measure 11.4 meters whereas my registered document for the same side made in 1984 clearly states 38' which is equal to 11.6 meters.

3...The plot is on a pathway which has a widdth of 12 feet as per the registered document, whereas in the FMB the widdth of pathway is shown as 4.6 mts. which is equal to 15 feet.

The Surveyor has measured and rectified the discrepancy by measuring as per my sale deed and placed the survey stones. In light of the above, please clarify whether any legal problems can arise because of the above measurement discrepancies as I plan to start construction now. Is there any way to get the correction done in the FMB to reflect the same measurements as my sale deed.

Anyone with knowledge on these type of problems kindly help.

Thanks,

Lakshmi



Learning

 2 Replies

Bharatkumar (ADVOCATE )     19 August 2010

First you collect  your plot  plan pass copy from the Authority. 

U surve your plot area by government authority.

u collect a revenue document like :- 7/12, Tippan, Part Plan, Plan pass copy etc....

1 Like

Sri Vijayan.A (Legal Consultant)     13 September 2010

Normally, the document of revenue department is superior than that of registration dep't.

bcoz, the revenue officials have the history of the land and they issue documents like patta, chitta, FMB, heir certificate, etc after due enquiry, measurement, verification, etc.

If you feel u r affected by the measurement done by the surveyor of the taluk office, u can apply the fact to the Tahsildar considered and to Dy.Collector/ Revenue Divisional Officer in case u have not rcved any letter/ info fr the Tahr.

To get more clarification, more details are needed

Thank you

1 Like

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