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Naresh (DE)     02 December 2018

Illegal construction in my plot

Hi,

I found that some one started constructing house in my play without my knowledge. I gave an oral complaint in Police station immediately. they said they would enquire about the person. meanwhile can we proceed legally to get a stay on the construction without knowing the person? please suggest to take next steps.

I have purchased this property from a bank through auction 1 year ago.



Learning

 7 Replies

Naresh (DE)     02 December 2018

correction it is not "play" it is "plot"

Suri.Sravan Kumar (senior)     02 December 2018

ISSUE LEGAL NOTICE TO STOP THE CONSTRUCTION AND FILE INJUNCTION PETITION AGAINST THE PERSON. BEFORE THAT FILE CAVEAT PETITION.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 December 2018

Sir,

 

Seek injuction temporary as well as permanent from the court as soon as possible, 

File a criminal complaint for Trespassing .

 

Warm Regards 

Kapil Chandna Advocate

9899011450,9911218741 

Kumar Doab (FIN)     02 December 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 IT may be debtor of the bank that is still in the plot auctioned by lender/bank and bought by you.

Kumar Doab (FIN)     02 December 2018

Probably you did not take possession and/or raise boundaries and kept guard to keep the possession.

Hope you have the mutation records with all link docs, sale deed etc etc

Lodge police complaint under proper acknowledgment and take help to stop the construction and to make the encroacher leave the site and also obtain injunction from court ASAP.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

If the matter involves loopholes concerning DRT etc approach a counsel specializing in such matters as well.

Naresh (DE)     04 December 2018

I have two questions:
1) if someone is constructing house in our plot and denied/not sharing their documents, can we use "land grabbing act" to file a complaint and gain access to their documents for validation?
2) How to calculate court fee for "Title declaration suit" of a 50L property?

DigiLawyer   08 August 2024

I'm sorry to hear about the illegal construction of your plot.

 

In this situation, you can take the following steps to address the issue:

 

Hire a Lawyer: Consult with a lawyer who specializes in property or land disputes.

 

Obtain Legal Documents: Gather all the necessary documents related to your property, including the purchase agreement, auction documents, and any other relevant paperwork.

 

File a Suit for Injunction: With the assistance of your lawyer, you can file a suit for an injunction to immediately stop the illegal construction.

 

Provide Evidence: Provide the court with evidence of your ownership, such as the purchase agreement and auction documents.

 

Attend Court Hearings: Cooperate with your lawyer and attend all court hearings related to the case.

 

Seek Assistance from Local Authorities: Keep the local authorities informed about the situation and provide them with any updates or information related to the illegal construction.

 

For More detailed help Visit Digilawyer

Team Digilawyer


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