• Plot measurement in deed is correct but the sketched map which is attached to the deed is not correct

Hello, the plot measurements in the deed are correct, but the sketched map attached to the deed is not accurate. The sketched map measures the total plot, but a portion of the land is cut off in the sketch.

Now, adjacent to my plot, some construction is underway. We objected to that part, which is cut off in the sketched map, but they asked us for property papers. We showed them our documents, but they checked the map attached to the deed and stated that, according to the sketched map, this part does not belong to us. However, we know that, according to the deed, it is part of our property.

In this case, what would you suggest? Is there any way we can rectify the sketched map? Also, do you know of any judgments that state "the sketched map is not a part of the deed"?

Please help me with this.
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

Your sale deed alone is not the evidence.

The schedule mentioned in the mother deed and other title chain documents should conform to the details available in your registered sale deed.

If you are still in doubt after confirmation of the details available in the chain title documents, you may first submit an application to the tehsildar to inspect and survey your property and obtain the survey report to confirm the actual extent of property belonging to you as per the revenue department records.

After that if you find that your neighbour has encroached any portion of your property, you may file a suit for declaration of title and possession of the encroached portion of your property, provided there's no compromise arrived between you both.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

One cannot say that the map attached to the deed of sale was not a part of the deed. In K.S.Nanji and Co., -v. - V. Jatashankar Dossa and Others, the Supreme Court observed that where the map is drawn to scale and the boundary is clearly demarcated, the Courts would be right in accepting the boundaries drawn in the mapwithout embarking upon an attempt to correct them with reference to the revenue records. It was also observed that the map referred to in such a deed should be treated as incorporated in the deed as forming part of the deed

 

2) if sketched map is correct deed of rectification has to be executed by seller to rectify mistake in sale deed 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

The sketch alone is not the evidence for concluding the correct extent of property bought by you.

Even though you have bought the property some decades ago, you will be having the title document of the seller, you may compare the schedule of property from that to that of yours and if there's any discrimination you may apply for survey of your property through government surveyor and after that obtain a fresh sketch of your property which was surveyed on the basis of the revenue records properly and then proceed legally if you find any problem with the neighbour.

The sketch may not be corrected without complying with the formal procedures.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations


  1. Survey and Correct the Map: Hire a licensed surveyor to accurately measure and create a new map based on the deed.

  2. File Rectification: Submit the corrected map to the local authorities for formal approval and registration through a Rectification Deed.

  3. Resolve the Dispute: Show the corrected documents to the construction party. If the dispute persists, file a civil suit.

Legally, the deed takes precedence over the map, and courts generally uphold the deed’s details. It’s advisable to consult a lawyer to handle the correction and any disputes.

Shubham Goyal
Advocate, Delhi
329 Answers

If seller is not traceable then you have to file suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

- The said sketched map is part of the deed , and both should show the real position of the property. 

- Since, the deed is having correct details of the property then you can rectify the sketched map after submitting the copy of the deed before the registrar.

- As per law , a deed can be rectified at any stage , however the appearance of both the parties are necessary for the registration of the rectification deed. 

- If the seller is traceless then you can approach the Registrar for the same , and in the event of not a positive response approach the Court for getting the same. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

 In cases of discrepancies between the dimensions and boundaries in a sale deed and the attached map, the boundaries prevail. This principle is supported by various judgments.

In Shanti Devi Prasad VS Pratibha Singh - Jharkhand (2005) the Supreme Court has acknowledged that if a map forming part of a sale deed is found to be incorrect, it can be rectified under the orders of the court. The executing court can direct the preparation of a correct map that will then form part of the sale deed.

 In disputes regarding property boundaries, the burden of proof lies with the party asserting that the land is located differently than stated in the sale deed. If your client can demonstrate that the land in question falls within the boundaries described in the deed, they may successfully assert their claim.

According to the law, a deed can be corrected at any time. However, both parties must be present to register the correction. If the seller cannot be found, you can ask the Registrar for help. If that doesn't work, you can go to court to resolve the issue.

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

You can seek rectification map 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Dear Client,

In the Present Scenario, the plot measurements in the deed are accurate, but the sketched map attached to the deed is not accurate. Further, construction is underway next to your plot. Though you objected to the construction in the area that is part of your land, according to the deed, but the builders are using the inaccurate map as evidence. Herein, usually, the map is meant for illustrative purposes and does not override the written boundaries described in the deed. Now, since the deed correctly identifies the property, despite the map cutting off part of your land, you can rectify the sketched map by filing a rectification deed with the registry where the original deed was registered. This would involve preparing a new survey or confirming the boundaries with a surveyor report, thus confirming the accurate boundaries. Besides, under the Registration Act, the map is considered as being supplementary to the written content of the deed, which remains the primary document of title. In order to resolve the dispute in the present case, it is suggested that you file a civil suit for declaration of your property rights, for which you shall acquire the surveyor report, so as to defend your claims.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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