Legal Question in Civil Rights Law in India

Conflict between area and boundry.

I purchased a piece of land in a plot (area of which is 0.98Acre) in 1970. Owner of the plot was illiterate Schedule Caste. He transferred most of the land to other parties before us . I had to purchase remaining land left which is adjacent to my other land. But at the time of registry of the sale deed there were confusion over area of the land. So it is written in column no. 5 that total area of the land is 0.21acre with specific/correct boundary written. Also in the recital portion of the deed it mentioned clearly that if the land measures more than the 0.21acre in this plot , the vendee will have the right, title, and possession, also can get mutated with the revenue dept. i.e. apart from the area 0.21 rest the land in this plot is also been sold to the vendee with the same deed. Recently we came to know that actual area of the land is 0.32 acre. Also the boundary mentioned is correct and is showing whole land. When we contacted revenue authority for actual demarcation and mutation of the whole land, they r refusing and telling u acquire only 0.21acre, also they have demarcated 0.21acre for us and handed over rest of the land to heirs of the vendor. He has started taking possession of rest of the land. One of neighbour has occupied more than he purchased from same vendor. We r unable to erect boundary. Police too is not helping us. What should we do?


Asked on 8/13/09, 3:28 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Approach court and seek declaration of your ownership to excess area.

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Answered on 8/13/09, 6:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree.

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Answered on 8/13/09, 2:02 pm


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