Legal Question in Intellectual Property in India

Dear Sir,

I have purchased a subdivided property 2 years before, total size of the plot is 2080 sqft, out of this I have purchased 1200 sqft. As per the document the Dimension of the complete plot is of length 52 feet frontage and breadth 40 feet (as per document but actual land in real is only 50 feet frontage and 40 feet breadth) of which I have purchased length 30 feet and breadth 40 feet hence 30*40=1200 sqft and registered the same size 30*40 feet in my sale deed as well but since I havn't measured the total size I am not aware of this size difference between document and total plot actual size. Balance land of 880 sqft of dimension 22*40 as per the document, but as per the measurement it is only of size 20 feet length and 40 feet breadth in real measurement of 800 SQFT only) is retained by the seller. Now the seller sold the remaining portion of the land (dimension 22*40 as per the document, but as per the measurement it is only of size 20 feet length and 40 feet breadth in real measurement) to someone without specifying this difference in the sale deed executed 2 weeks before, infact the sale deed is executed as 22*40 feet but where as actual measurement is 20*40 If we subract my land in the total land size, my question here is

1. The one who purchased the remaining part (22 feet as per his sale deed but in real only 20 feet measurement withouth specifying this difference) last week , Is there any possibility for the purchaser to encroach the disputed 2 feet of my land (30*40 ft) as he is really going to have only 20 feet length in measurement instead of 22 feet as per the document hence he is asking me to leave my 2 feet as he is in scarcity of 2 feet as per his document.

2. I already spoke to the seller to specify in the sale deed he is going to execute to somebody as measurement is 20 feet frontage and as per document its 22 feet, but he did not do that, but he is ok to provide a pre-dated unregistered document or affidavit (dated 2 years before when I have acutally purchased the property) to me specifying his land is of real measurement 20 feet frontage but document has 22 feet frontage. Is it ok for me to secure my 2 feet land with this unregistered document or affidavit? or is there any other suggestion to secure that 2 feet of my land to avoid the purchaser of remaining part from making any litigations.

Please advise, The vendor/seller is only able to provide unregistered document of any type to me, apart from that he is not willing to do anything else. Please advise.

1 Answer from Attorneys

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