encroachment
prasanna kumar
(Querist) 20 May 2010
This query is : Resolved
Sir,
I have purchased a property in bangalore from my relative. their neighbour has encraoched a portion of his property by 250 feet.5x50 ft. on basis of an unregistered agreement purportedy executed by the original owner in the year 1972 he has obtained status quo.
the judge now is refusing to vecate the status quo. and he has forced us to accept and go for evidence. I purchased the property 3 yers ago and noticed the encroachment. otherhtan the unregistered agreement he has not title.where as we have clear title and are paying tax for the same.
My question is can the court based on the unregistered sale agreement order the status quo. Can the judge force us not to press for vacation of the status quo. ultimately will I get justice and my property back. Whether the limitation act apply to us and we will loose the property.
I have lost faith in the people whom I engaged a lawyers as my opposit party is bribing and booking all of them and things are working against me.
Can anybody help me and guide me what to do.
The case has now come for evidence stage. but it is being dragged and dragged forever.
Pankaj Mehta
(Expert) 20 May 2010
you didnt mentioned here whether the prayer for temparory injunction was rejected or only ad interim status quo has been granted, if the application for granting of TI was rejected, you should prefer an appeal
As far as original injunction suit is concerned, strong documentary evidence in favor of u is necessary to winover, you need not to bribe or engage opposite lawyer, engage a good reputed civil lawyer and trust him, courts are overburdened presently, in your case possession factor is important while deciding the case, so prepare to be examined by all preparations with the hhelp of ur lawyer
B K Raghavendra Rao
(Expert) 20 May 2010
Your neighbour do not have title over the encroached portion of the property. An unregistered document cannot bestow title or rights. The court has given status quo order based on a document even though it is invalid in the eyes of law. However, status quo is not a final order and you should try to establish your right and title over the encroached portion by encumbrance certificate, tax paid receipt, khatha certificate, khatha extract and if need be apply for survey by the revenue authorities in BBMP to establish your right.
It is not clear as to who has filed the case for injunction. In case you are not hard pressed for selling the property, this status quo order would not jeopardise your interest.
prasanna kumar
(Querist) 20 May 2010
Sir,
Thanks for the valuable information.
The case for injunction is filed by the neighbour. The Status quo order was issued. However, my advocate did not file the objection for one year.After that I changed the advocate and filed the objection. But he also did not press for vacation of the status qou for a long time. ultimately when we started pressing for the vacation of the status quo It was sort of rejected and I was forced to accept to go for evidence. As I have already mentioned, my neighbout is not having any doument otherthan the unregistered aggreement dated back to 1972. He is telling that he has the possession for more than 12 years so it obviously belongs to him. I would like to know whether this is true.We have all the documents in our favour, like sale deed, Khata certificate, tax paid receipt, khata extract, encumbrance certificate, even the survey from the BDA.
I am in a deep financial trouble and want to sell the property. He is misguiding all the potential buyers by spreading the message that this property is litigated and that the site belongs to them. apart from fighting for the case, is there any way I can stop him from spreading the false information.
Ashok Yadav
(Expert) 21 May 2010
Generally court grant Status quo in property disputes it is simple procedure of court, court wants to the interest of th eperson who is in possession, but it not amounts that he is the owner in title. It not amounts to decree in favour of plaintiff. You should fight your case with strong evidences in your favour which supports your title and possession over the property.
You should tell the experts, what is written in that unregistered agreement, any proper advice can be given after perusal of that agreement. Because the agreement is unregd. so it do not amount to sale of property and if it is Agreement to Sell then it is time barred.
So keep faith in your lawyer and fight case with strong evidences, every thing will be better.
