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MURUGARAJ S (LEGAL OFFICER)     24 October 2011

Which is valid under law

My client and two others had executed partition deed with plan showing the schedule and boundary measurement are executed on 1986.  In this partition deed descripttion of property is mentioned 1.00 Acre for A schedule, 1.05 Acre for B Schedule and Acre 2.07 C schedule.  But, at the same time the enclosed plan copy is varying for following extent ie. 1.00 Acre for A Schedule, 1.27 1/2 Acre for B Schdule and 1.84 1/2.  Further, the B Schedule party had transfered his name in Patta and he getting sub-division from revenue authority and he had executed layout plan as per partition deed sketch measurement, and he sold out the entire property to third party on 1989.  Whereas the C Schedule party had sold out Acre 1.60 to third party on the same time.

Now, my question is which extent (ie. descripttion of property or plan ) valid as per law and affected party could claim the shortage of land or he dos't not claim the shortage of extent for long delayed time and adverse possession going to excess land party. 

Please reply my above question as early. 

Thanking you.



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     24 October 2011

Dear Murugaraj,

The affected party can file a suit for rectification of the partition deed pleading his recent knowledge about the said mistake.

In deciding the said suit, the court will take into consideration "The real intention of the parties to the partition deed at the time of execution" 

MURUGARAJ S (LEGAL OFFICER)     25 October 2011

Sir,  Thank you for your advise.  I discuss some other lawyer, and they have instruct me for file a suit for declaration, that it is correct, pl. tell me.  Thanking You,


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