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QRam and Laxman, two brothers, inherited their father’s property in 2011. The total land was recorded as 4,000 sq. ft., and each brother was allocated 2,000 sq. ft. accordingly, with the mutation completed at that time.
Years later, when land records were updated online, Laxman discovered that his registered share was only 1,333 sq. ft., while Ram’s remained 2,000 sq. ft. Upon investigation, it was revealed that the actual land area was 3,333 sq. ft., but due to a rounding error by the notary, the deed mistakenly recorded it as 4,000 sq. ft.
Realizing the discrepancy, Laxman approached Ram to claim an equal partition. However, since both brothers had already constructed their houses on the land, Ram was reluctant to return the portion that rightfully belonged to Laxman.
How can Laxman legally reclaim back his rightfull portion ?
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HYou should have checked the land records etc. in 2011 itself. And how does notary round off the land area from 3333 sq ft to 4000 sq ft.? In any event at the time of partition did you not see that one piece of land was smaller than the other? The whole thing seems suspicious.
There is no legal remedy to this situation. The period of limitation for filing suit with respect to immovable property is 12 years. Since 12 years have already passed since 2011, Ram has perfected his title over the land through adverse possession.
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QAt that time, the deeds were not that clear due to that rounding off error we are facing this issue.
A few years back the records also showed that I had 2000 sqft.
But now due to someones recent mutation on the same plot it was updated (there is one more with a different share.)
The land seems to be almost equal in size, I don’t even know if we are on someone else’s plot as well.
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HThere can be errors in your agreement, however, the land records with revenue department will not be changed without reason. You will need to find out more about why the land was mutated in their records when your agreement provides for 2000 sq. ft. and even in the land records 2000sq. ft. land was in your name. You can try to find out from the revenue department and if they don’t give you the information, you can file a RTI Application for the same.
Are you sure that your land (actual area) is 1,333 sq. ft.? If both earlier land records and your registered agreement provided for 2000 sq. ft., it is possible that there was some error on the revenue department’s part due to which the area is wrongly recorded.
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