3 year back I bought property from Pradeep who bought it from Developer 4 years backs. After 2 years when I planned to construct house that time old land owner claimed that my plot is located in his land. When I did survey I came to know that the plot is located in 2 survey numbers and the survey no. mentioned in document is different then these 2 survey nos. Among the 2 survey nos 1 of the land is Govt. land and another is old land owners. When I approached the Developer he is not responding. Please guide me want steps I need to take to get plot or get back money as per current market value.
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1. It appears that the plot number is wrongly described in the title deed.
2. if that is so then you are required to execute a deed of rectification where in both you and your seller need to be party.
3. if your seller does not cooperate to do this then you file a suit for declaration. DO not worry, you have not lost the property or gong to be so.
Check the survey numbers mentioned in the original sale deed executed by the developer to Pradeep and compare the same with the sale deed executed by Pradeep to you. Contact Pradeep and explain the problem you are facing and ask him to talk to the developer. If the Survey No. is wrongly mentioned in your sale deed, both seller & buyer together can execute rectification deed.
A. Kindly check your previous Sale Deed along with other supported revenue records with respect to survey number and schedule of the property.
B. If property survey number mentioned wrongly in Sale Deed that you can rectified that deed with the help of Mr. Pradeep
C. If Mr. Pradeep not ready to co operate to eradicate this problem. kindly check your sale deed clause regarding is there any title defected clause and vendor responsibility. Vendor has bounden duty to clear this matter as per principles of Transfer of Property act due to suppressing material fact with respect to property matter at the time execution of sale deed.
1) if survey numbers have been wrongly mentioned in your sale deed Deed of rectification can be executed by seller Mr Pradeep .
2) if seller is refusing to cooperate file declaratory suit
1. From the statement of facts furnished by you it is apparent that the accurate plot number has not been reflected in the sale deed, which resultantly means that the property is not capable of being identified. A property that is incapable of being identified will inevitably invite plenitude of problems at the time of its proposed sale or transfer in any other manner such as will. gift, etc due to the reason that the title of the owner is not clear. Furthermore, you can be evicted from this property at any time by the previous owner through a court order. He may also file a criminal case against you for illegally possessing his property, in which event it will be difficult for you to prove your ownership.
2. Contact Mr.Pardeep and request him to execute a deed of rectification of property. If he refuses to accede to your demand then immediately move to court and seek necessary orders to legally compel him to pass the title to you.
1. Has the wrong plot no. been mentioned in all the link sale deeds also or the mistake is just in your sale deed only?
2. If the mistake is in your sale deed only then get it verified as to what is the correct plot no. of the land occupied by you and file a rectification deed with the correct plot no.
3. If it is found that the plot falls really in the Survey No. of the land owner which he has not sold, then file a complaint case before the Developer also making pradip a party, alleging deficiency in service and unfair business practice claiming possession of land belonged to the Developer, damage and cost.
