Legal Question in Real Estate Law in India
Regarding Land
My maternal grandfather had purchased a plot 480 square meter in nashik, maharastra he made a will and according to the will the plot was divided into my mother and my fathers second wife equally. the plot was a small pond like land. Now after filling this pond the area has increased to 950sq meter. The city survery officer has measured the land and subbmitted the report to collecter office for sanction but after 2 years of delay there is no action. please tell me the procedure for the above matter and what should be done now. Secondly we had given this land to the builder for construction and we were allotted 2 flats and 5 shops, now how should the property should be equally divided in number or in square feets, as per the agreement builder has allotted the shops and flat but he has not made any legal documents so what should be done. my problem is that how to divide the property and secondly how to legalise the land which has been measured more as the file is lying in the collector office, i have given application to the office under the information act but there are no answers, please help me and give me the suitable way to get out, Local lawyers are also not giving proper channel for the above matter.
2 Answers from Attorneys
Re: Regarding Land
Correction is area is very difficult in view of registered sale deed a lesser area.
As regards, other things, you need to consult your lawyer with all the documents to ascertain what has been provided in the documents to arrive at further line of action.
Re: Regarding Land
it is very difficult to amend the area mentioned in the registered sale deed. But you can state the facts in the for of application to the collector office asking him to amend and register the deed freshly with enhanced stamp duty. as far as partition between the two is concerned it can be made via settlement deed wherein you can partition the area as consented by each other.
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