3 Answers
As per Indian law, the Sale Deed executed in 2002 is the primary evidence of ownership and boundary description. However, if the southern boundary was wrongly recorded as a road when in fact another private plot existed, it may be treated as a misdescription or typographical error in the document.
If there is no actual road on the southern side, and the physical possession and measurements contradict the document, you can rely on revenue records, site maps, and physical survey reports to prove the actual boundaries. You may also seek a rectification deed with mutual consent of the parties or approach the civil court to declare the true boundaries through a suit for declaration and injunction.
Consulting a property lawyer is advised to assess title records and initiate corrective action.
Dear client,
In simple terms, if the sale deed from 2002 says that there is a road on the south, but in reality another plot exists there, then it looks like either there was a mistake in the document or the land position on ground does not match the paper. The buyer is now demanding the road as mentioned in the deed, but if no road actually exists there, he cannot forcefully claim it unless he proves it legally.
To resolve this issue, you can first get a government-verified survey done by the local land revenue office or tahsildar to show the correct boundaries on the ground. If the survey proves that there is no road on the south and the deed was mistakenly written that way, you can ask the buyer to accept the actual position. If he does not agree , you may file a civil suit for declaration and correction of the boundaries mentioned in the sale deed, or defend yourself if he files a case. The court will consider the actual ground situation, the revenue records, and the intention at the time of sale. Try to settle it peacefully with help of a local lawyer or mediator before going to court, if possible.
I hope this answer helps, in case of further queries, please dont hesitate to contact us.
All owners of adjoining plots can enter into settlement demarcating the road area and also specify the area of each plot owners. As per easementary right all owners have right to have approach roads for all plot owners. Litigation would not be a wise step.