logo logo

I have purchased a site at Kengeri measuring 30’ x 40’.  But the sale deed which was registered mentions the area as 29’ X 40’.  The consideration was paid for 30’ X 40’.  I did not consider it as major mistake as the entire site area of 30’ X 40’ was fenced and the site was in my possession from the date of purchase that is 1990.  I have constructed a house also. However my neighbor is claiming that 1’ X 40’ area belongs to him. I seek your kind advice as to the course of action to be taken. 

- by Saravan, Bangalore

Please verify the sale agreement, if any entered into between the vendor and yourself as to the area agreed to be sold. Thereafter, verify the title deeds of the site, whether the vendor from whom you purchased the site; owned the site measuring 30’ x 40’ or 29’ x 40’. If your seller had owned 30’ x 40’ and the agreement also refers to 30’ x 40’ and the consideration passed is also for 30’ x 40’; you may approach the vendor for corrective / rectification measures. You may also verify the title of your neighbor by obtaining the encumbrance certificates and certified copies of his title documents from Sub-Registrar’s Office and central records room. On ascertaining the facts, you may file a suit of injunction to restrain the     interference of your neighbor in your property. 


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov¬ered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?