Legal Question in Real Estate Law in India
Boundary between two houses
I uncle and my brothers sold our ancesteral house adjacent to our house in 1994. One of my brothers is power agent for my sisters. The house in my name was also ancesteral property and was registered in my name properly in the year 1993. My house was in my mother�s name and she has executed duly registered �Quit Claim Deed� measuring 13 feet breath and 110 feet length in 1974. The adjancent house, which we sold to third party measuring 19 feet breath 110 feet lenth. In between two houses there is a 3 feet lane, which is in my possession and is a passage to enter my house and includes 13 feet breath of my house. While executing sale deed in 1994 to third party by myself and my brothers, it was erroneously mentioned breath as 23 feet instead of actual 19 feet. After 15 years of execution of sale deed, now he is claiming the 3 feet lane and also one feet in my living house. Under this circumstances, what is to be done? Please advice.
4 Answers from Attorneys
Re: Boundary between two houses
You may go to the court as because the when the deed was executed the delevery of possession was just upon 19 feetso from the legal point of view he cannot clim excess than this just after 15 years the transaction of 23 feet is just like a paper transaction. You may settled this dispute out of the court.
Re: Boundary between two houses
Approach court.
Re: Boundary between two houses
Take help of local lawyer and approach civil court.
Re: Boundary between two houses
He may be entitled to the property he purchased. The registered document may have more evidenciary value that your oral statement. Merely stating that the dimensions were mentioned "erroneously" in the sale deed is of consequence. You may better settle the dispute amicably by out of court negotiations to avoid any adverse court orders.
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