Demolition of tomb without notice
Balaji Bakthavathsal
(Querist) 20 December 2010
This query is : Resolved
My elder brother who died in the year 1991 was buried in our family burial ground and tomb was constructed in his memory. The family burial ground was in a civil dispute and the judgment went in favour of the opponent party in the year 1996. The opponent party later demolished the tomb and converted the burial ground into residential plots. We are not aware when the tomb was destroyed. Now the question is :
1) Whether the action of the opponent i.e. destroying the tomb without intimating the family members is in order though the court delivered judgment in his favour ?
2) Can we file a criminal complaint on the opponent for destroying the tomb after a period of about 4 or 5 years ?
M V Gupta
(Expert) 21 December 2010
U have not mentioned the nature of the suit. was it a title suit? If the judgement is delivered in favor of ur opponent, ie. his title to the suit land is confirmed, then u become a tresspasser by constructing a tomb on his land. As such he is within his right to remove the unauthorised structure. He is not bound to give u any notice.
Balaji Bakthavathsal
(Querist) 22 December 2010
dear Mr. Gupta, Sorry for not providing the complete information. It is a title suit only. I have clearly mentined that the tomb was constructed in the year 1991 and the declaration of title was awarded by the court in the year 1996. Since the tomb was constructed before the declaration title, is he not bound to send an intimation instructing about the demolition ?
M V Gupta
(Expert) 22 December 2010
Propriety requires that he should notify u to remove the tomb. But not legally necessary for the reason already indicated in my earlier comment. That position holds good irrespective of the fact that the tomb was erected before the filing of the suit.
