Legal Question in Civil Rights Law in India
I purchased a piece of land in a plot in 1970 under municipal area thro� a valid registered sale deed. Vendor had transferred most of the land to three 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 left. So it is written that total area of the land is 0.21acre with specific boundary shown/written. Also in the recital portion of the deed it mentioned clearly that only this much land of mine is left in this plot and if the land measures more than the 0.21acre in this plot, the vendee and their heirs will have the right, title, and possession, i.e. apart from the area 0.21 acre rest of the land in this plot is also been sold to the vendee with the same deed, now I have nothing left in this plot and me and anyone of my heirs has no claim in this plot. This land is free from any encumbrances and if vendee and their successor will be ejected from any part of the land then I and my heirs will pay the compensation. Recently we came to know that actual area of the land is 0.32 acre also boundary mentioned in the deed is correct and is for the whole land. Now the only one heir of the vendor somehow managed to know this fact and trying to grab the excess land with the help of revenue authority. As suggested I am preparing to approach the court and seeking declaration of my ownership to excess area. I have consulted various local lawyers, but they r telling that I will lose the suit. No one is ready to make plaint and r suggesting not to seek declaration. As recital portion of the sale deed does not have any legal significance, it is being written just for the sake of formality. Also, heir of the vendor has equal right as it is ancestral property; heir was 25yrs of age in 1970. What should I do? Where I shall I get the plaint made?
1 Answer from Attorneys
Any good civil lawyer can help you with a well drafted plaint.
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