• Survey number is changed in patta

Hi.. my father constructed a house 15 years ago in a land bought by my grandfather. Recently we came to know the survey number in patta and stamp paper is mentioned as 433.. but the land in which our house is constructed is on 432. The land was used by grandfather since last 90 years. When we checked owner details of survey 432 in tashildar office, some other person name is there. My father's name is in 433. So far nobody came to us claiming the land. Now we want to survey our land to construct a compound wall. We have been living in the house for 15 years. What kind of problems we may face due to change in survey number? What all are the options we have to rectify such problems?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

You must get the records rectified by making an application to the tehsildar's Office

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If fresh survey is carried out it would be brought to knowledge of your neighbour that you have carried on construction on his plot bearing no 432 whereas you  are owner of plot in survey no 433 

 

2) he would  file suit  for eviction against you 

 

3) if neighbour is ready deed of exchange can be executed for exchange of the 2 plots of land . It should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) You can collect all mutation papers from tahsildar office and get layout demarcation done tahsildar officer on your land and new survey on it. Everything will be all right its just survey number placement difference on land records get it rectified soon.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Owner of plot bearing survey no 432  an file suit for eviction against  you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes he can. That's why you are adviced to get the records rectified

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can execute a rectification deed in the same and Register the same. It is important to rectify the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you can take possession of the both the properties and can make wall around them, as you are legally owner of 433 survey number property and have adverse possession from last 90 years at survey no. 432 also so even if the owner of same file suit it can be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The owner of the flat shall file a civil suit and in same he shall pray for the possession of the property the same can be contested on ground of adverse possession.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Survey number 432 land owner can file eviction suit against you. But you can contest the case because yours grand father and father is in possession from last 90 years  contact a local senior advocate with all documents and facts detail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You may file an application for rectification of the survey number in the tehsildar office 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Due to the change in survey number, no claim can be made by the other party 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The law of limitation shall apply here. It has been more than 90 years since you purchased the property. 15 years ago you constructed a house. Now it must have been a bonafide mistake. You dont have to do anything. 

In case the office raises this issue then too you have to just ask the person who has the registry of your house to change it. It would be better for both of you.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Also find out who lives in 433.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Obviously the person of 432 can take objection but don't worry file a survey no. correction case in the court of the Tehsildar of your area and get the survey no. corrected, it is possible.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Since there is no claim whatsoever from anyone so far in this regard you may just remain silent about this because you cannot do anything about this at this stage.

If at all there is any claim from anyone in the future you may produce the registered title documents in your possession and ask them to approach court for clarifying the same.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Let him come with his claim, you can deal with it accordingly as advised in the previous post

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been living in the same property from you grandfather’s time.
  2. This means that you have long possession and might have all the documents with respect to show old possession like electricity bill, water bill etc.
  3. You can however request the Tehsildar by making an application to resolve the problem by amending the records of the office as to put the right survey number or change the name in the survey number of your property.
  4. If somebody comes to disposes  you then you should call on hundred number and tell him to go before the court of law to decided as to who has legal right over the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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