Advocate J. Vijay

Questions Answered by Advocate J. Vijay

Q: Boundaries mismatch in encumbrance certificate

Hai sir recently I purchased open plot at ghatkesar I paid 80% of total amount remaining balance agree to pay after completion of lrs but boundaries mismatch in EC. pls suggest me how can I solve this issue.

Advocate J. Vijay answered
Dear Sir,If you have not registered the plot then you can rectify the boundaries after verification of site area. If you have registered the plot then you have to rectify by registering the rectification deed.

Q: Difference in Survey no of title and plot area

The Developer D developed a layout with 1 to 70 plots in 3 sy nos 72,72A,102A in 2006 wit total area of 21780 Sq yards. In 2007 he has registered Sale agreement with possession in respect of sy.o72 in favour of Mr X (3509 sy yards) and the balance in favour of Mr Y.I have purchased 200 Sq yards in 2009 from Mr X where he has got absolute GPA in Sy no 72 and got registered document stating that 200 yards in sy.o 72 with plot no 69 with their boundaries as per the layout. Because there are 70 plots I have not suspected any wrong in that. In 2015 the Developer has expired. After expiry of the Developer the other GPA Holder Mr Y executed the sale deeds in favour of himself and got registered the area in Sy.No 72A and 102A.Recently I have fenced my plot No 69 with barbed wire fencing. Recently I came to know that my plot is in sy.o 102A and not in 72 as per the deed. Mr Y has sold the area in 72A,102A to Mr Z in 2016 and he has removed my fencing. Please advise me In this

Advocate J. Vijay answered
Dear Sir,As per your information mentioned above it can be ascertained that your AGPA holder has sold you the plot but another AGPA holder has sold your plot, let me check with your documents for proper legal advice. As per your information, you can file a civil for cancellation of sale deed and criminal case for cheating & criminal misappropriation against Y in court of law. For further discussion you can avail our legal services.

Q: Partition deed executed without partitioning the actual property

Hii,A single house which is around 45 years old has been subjected to registered partition deed among two brothers and the house is joint property and is not physically divided or partitioned. . Elder brother was not living in his share of property for long and younger brother has been living in the property till now.Now elder brother without informing or checking with younger brother has sold his share to third party. The third party is now coming and threatening the younger brother who is living with family that they would demolish and take their portion of the house.The house being very old has the danger that if any portion of house is subjected to demolition the whole house can collapse .What is the legal remedy the younger brother can take in this regard to protect his intrest and share of the property.

Advocate J. Vijay answered
Dear Client,The younger brother can get orders from court against the third party for not to demolish the house without due process of law. The younger brother has to issue legal notice to third party purchaser regarding this.

Q: Buying property from AGPA holder

Hi Sir,I shortlisted a residential land in hyderabad.My sellers seller is APGA holder.Will it be a problem if i buy it.RegardsNayeem

Advocate J. Vijay answered
Dear Nayeem,You can buy a residential land through AGPA holder if the document is registered and proper stamp duty is paid and AGPA holder is authorised to execute sale by GPA powers. We need to verify the document to provide legal advice.

Q: Buying plot from registered gpa holder

I am planning to buy a plot in Hyderabad,owner reside aboard and given gpa to this father in law ,gpa holder has orginal sale deed and gpa document full paid stamp duty and registration charges .can I go ahead and buy the plot what are complication? I am planning to register on my name with sale deed complete registration fee and stamp duty from sub registrar office

Advocate J. Vijay answered
Dear Sir,You can buy the plot accordingly. An NRI can sell the residential plot in India but not agricultural land except where the same is acquired through inheritance. We have to check the documents in order to give prompt response.