Vishnu Kumar (Programmer Analyst) 11 October 2014

Plot registered but problem in survery number

Hi All,

My uncle bought a plot from X & Y, 2 years ago. We checked EC and hired a local Advocate to see whether there is mishap in legal documents (parent documents). After everything is clear only, we bought it. Owners assured us to help in getting us patta on our name. Owners were selling lot of plots (nearly 30) in the same area. Advocate also said we can patta after registration also. Nearly a yearly ago, we applied for Patta and surveyor also surveyed the plot but we are yet to receive the patta.

Now to get layout approval (owners told then, they will help in getting this documents), we asked the owners to give it. A couple of days later, my uncle was told by owners that there is small problem in the plot we own. They were saying that the next plot (vast land) was registered with same survey number (plot number 50). So, there is conflict.

Owners are saying, " We will cancel this registration and re-register with different Survey number like 1A (with same 1350 Sq.ft area but surveyed again to get new No.). We will bear the cost of re-registration and everything. "

Uncle was very upset and unhappy with this. He said to owners that they can keep the plot themselves and give us our money back. No need to re-register and I will agree to cancel the registration.

But owners said, "they don't have that much money. Since we knew you well (distant relatives), we are offering to help. Otherwise I will wash my hands off."

I have been told all this and I will be going along with my uncle today. I have some double and need help before I can speak to them with confidence.

1) How can same plot be registered twice?

2) When applied for patta also, govt. official told nothing, came & surveyed the area. But we are still trying to get Patta. If there is conflict, how can they accept the application & come to survey?

3) What should I do? My uncle is really unhappy and he is not sure whether re-registration will solve anything. He wants to get rid off the plot & get the money back. Can I sue the owners for fraud? will the case hold in court without patta? But we applied for patta & had our land surveyed also right? will it be considered?

Please suggest us any way and provide advice on this issue

Thanks,

Vishnu Kumar

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3 Replies

Anish Thakur 7018812737 (advocate) 12 October 2014

Before taking any step,you should first apply for demarcation of that particular plot no..Apply for demarcation in revenue department so that first you can identify the exact location and boundaries of that plot before taking further action.If the developer is threatening you can proceed with criminal proceedings against him also.

Vishnu Kumar (Programmer Analyst) 12 October 2014

Thanks for reply.

Yesterday in discussion these are the things been discussed.

Previous Owners (X& Y), " In the old layout, first we bought only 235/1A1 (Survey No. / Sub div. No.) we had Plot No. 50 at different place. After that we bought small land next to us ( 235/1B2) and merged to create a layout. In new layout, we had put Plot No. 50 ( intersecting both 235/1A1 & 235/1B2) and region were previously plot no.50 (51,52, etc.,) is marked as owners use in the new layout.

If not now, this might create legal issues in future. We apply for new layout on Monday and get Plot No. 50 (ours) as 1A1. Nothing changes except the Plot No. "

Old layout was never shown to us till now. Also in the registration document, only new layout is attached in it where it shows only one Plot No.50 (some part in 235/1A1 & some part in 235/1B2). This issue happened because I pressed for layout approval ( thought this may help in pressing for patta).

Rough diagram

- 55 - (path) - 56

- 53 - (path) - 54

- 50 - (path) - 51 - 52 - 53

This plot no. 50 sold to us is corner plot (sold at rate lot more than other plots). Now the plots behind us(whole from 53 to 56 including path) was sold to some person who is doing agriculture there. They didn't told directly but I understand, they are going to make the way also as plot and sell it. That's why they are offering free registration (also to avoid any legal issue).

- 50 - (path) - 51 - 52 - 53

(they want to make it like this)

- 1A - 1B - 1C - 1D - 1E

I will proceed to get demarcation of the plot no. 50 as soon as possible

Thangavel Manickadevar (Excutive Director and Legal Advisor) 13 October 2014

Dear Vishnu,

If you are in Tamilnadu, you can make a rectification deed for change survey numbers if the plot is same. If not, you can go with Land Owners amicably and cancel old one and register new plot.