• Area is less than the approved plt sold

I have purchased a plot from developer approved by Berhampur 7improve meant trust of 2400(30x80) sqft.In per the sale deed it was0.055 acre
 Now while making patta the RoR shows only24 decomal only left in the plot. 
My house is built over my plot 30 years back.the neighbouring plots also over the plots mentioned in approved map with exact measurements.there is no dispute over possession neighbouring plots. Now only difficulty for making patta
Please advise my further action
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

You have to sue the developer as area of plot is less than area mentioned in sale deed 

 

seek compensation from builder as area is less than mentioned in sale deed 

 

also seek litigation costs from builder

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

You first file an application before the land revenue department seeking to survey your property as per the registered sale deed in your possession. 

Once you get the survey report, you can find out the exact extent of your proeprty as per the records held by the revenue department and if it is not matching with the extent available in the registered sale deed on your name, you can find out where the problem lies, if it is due to wrong annexation of property or due to incorrect records held by the revenue department, you can issue a letter to the department and get the extent rectified as per the registered document held on your name.

If the revenue department is not cooperating then you can approach court of law with a suit for declaration to declare the actual extent of property on your name as per the sale deed and seek direction to the Tehsildar to rectify the revenue records and issue a proper and modified  patta  to your property.

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

Dear Sir,

  • You have to show your possession over the property and have to make it clear in the office that their is no dispute in the property. And you need to show the documents where mapping is done with correct measurements.
  • You can do correction in RoR document by showing the sale deed and the possession in the land and even the mapping with same measurements in all documents
  • After doing these corrections then you can go for mutation means patta by the tehsildar.

Thank you

Anik Miu
Advocate, Bangalore
10379 Answers
121 Consultations

You need to approach the sub registrar office for the patta resolution

Prashant Nayak
Advocate, Mumbai
32857 Answers
209 Consultations

You have the house built 30 years back, no one can disturb you possession as any claim against you is out of limitation.  But if the there is shortage in land you can file a suit against trust for recovery of excess amount paid with interest.

Ravi Shinde
Advocate, Hyderabad
4406 Answers
42 Consultations

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