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karthick duraisamy   27 February 2023

Who is the owner of extra land not mentioned in sale deed

We have a land and the size mentioned in sale deed is less than the actual size. May be this happened due to wrong measurement or mistaking while preparing document. My grandfathers bought this 47 years back (year 1976). Now other people encroached the extra part as that is not in paper.  the land size as per sale deed 27 X 36 feet. Actual size 30 X 36. The land was grama natham, and during the UDR land survey(year 1992) This 3 feet is included in the patta copy and FMB in my grand father name only. In the village record (VAO office record A register) also having in my grand father name only. but the surrounding people argue with us and he is claiming the extra land. He is not having any proof of this extra land. As per the boundary mentioned in the sale deed this extra land is not included in the neighbors land. My question is who is the owner of this extra land ? Is it that our neighbor and us have 50:50 share ? Or we are the sole owner ? What laws say in this case ? If we want to reclaim that extra part what should we do ? 


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     27 February 2023

If this extra portion  of land is not part of your sale deed, then you do not have any rights over it legally.

However if the said portion of extra land is under your possession and enjoyment and if the neighbors are trying to occupy the same or encroach then you can file a suit for declaration of title to declare your title to that portion of property on the basis of evidences  to prove your possession and enjoyment. and for permanent injunction against the iuntruders restraining them from interfering in your possession end enjoyment.



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