Legal protection for selling encroached property
30-Mar-2023 (In Property Law)
My property on paper is 2500 sqft but on actual is 2200 sqft and it is encroached on all sides by neighbour. I am looking to sell the property, the buyer wants to full 2500sqft so that he can dispute against neighbour and recover some land if possible. I remember reading in sale deed that seller is responsible to give full possession, so i insisted on specifying 2200sqt. Now to avoid legal issues later, can i ask for affidavit that he is fully aware of encroachment before buying? Will it help or i should insist on specifying only 2200sqft in sale deed? Please respond Is
Kindly disclose all the details about the encroachment, also, it is advisable to include total property in the sale deed because if you will include 2200 sqft then the subsequent buyer will not be eligible to file any case regarding the removal of the encroachment. Thus, you can include one affidavit stating the reason mentioned by you along with the sale deed.
If you are buying a property, you should obtain all documents linking title to the property since beginning.
You should also obtain EC, tax receipts, and all other details confirming the marketable title to the vendor.
After that you should physically verify and confirm the property to be sold.
Before that you should obtain a legal opinion from a lawyer and confirm the genuineness of the property.
If this property is 2500 sq feet as per title document it means you are purchasing the same extent.
You cannot buy a lesser extent of property without knowing what happened to the balance extent of property.
Better consult a lawyer before buying it.
You should also obtain EC, tax receipts, and all other details confirming the marketable title to the vendor.
After that you should physically verify and confirm the property to be sold.
Before that you should obtain a legal opinion from a lawyer and confirm the genuineness of the property.
If this property is 2500 sq feet as per title document it means you are purchasing the same extent.
You cannot buy a lesser extent of property without knowing what happened to the balance extent of property.
Better consult a lawyer before buying it.
Dear sir , In several cases the site not available as per the document, we need to survey the land with the help of revenue surveyor, If it revels we have can approach court and proper government department to recover the same.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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