Threat of encroachment on my property- urgent advise sought...

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
A small piece of land and a house at our village in Kerala State joined owned by me and my wife, bounded all 4 sides by one feet height wall.On one side of my property outside the boundary, a 3 ft.wide walking path leading to the houses of 3 neighbours have been provided by us for about 15 years or so.We are employed in Gujarat and our house in Kerala is vacant. Now that one of the neighbours got elected as a Panchayat Member and it is reported to us by some our our relations in Kerala that she plans to illegally demolish our boundary wall and construct a road to her house overnight without our knowledge. Kindly advise if we have any preventive remedies.

Further, as we are in Gujarat,whether a Notarised Power of Attorney executed by us Gujarat authorising any of our relations to take legal actions to prevent our neighbour from her plan of encroachment to our land will be in order or whether we have to personally visit Kerala for this purpose. Urgent advise requested please.

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ajay sethi (Expert) 15 November 2011
since your house is vacant unscruplous person can try to encroach on the property . your neighbour even if a panchayat member cannot take law in her hands .

you can take some preventive meausres .

1)have some photgraphs/ video shooting taken of your property with boundary wall .

2) give your house on leave and licence to some one you trust .

3) you can furnish power of attorney to any of your relatives to take care of your property . have it duly notarised

prabhakar singh (Expert) 15 November 2011
As an immediate remedy a suit for prohibitory
injunction and declaration of title against persons likely to interfere along with that lady should be filed to the effect that you both husband and wife are joint owners and in possession of the properties four walled.The defendants have no right title right interest or possession over the same.They out of grudge and political power grasped want to demolish your four walls without right with purpose of illegal unauthorized without right constructions by encroachment if they are not restrained from doing so by courts injunction order.Get spot video graphed forth with.
All documents showing ownership and possession should be filed.

If there is not very great hardship suit should be filed by personal visit.

And right to prosecute the suit without right to compromise may be given to POA.

ELSE a notarized POA for the purposes of filing the suit and engaging a counsel signing and verifying plaint and affidavits moving applications taking steps for serving notices and summons depositing court fees but without right to compromise the suit can be executed.That shall work.

Rajeev Kumar (Expert) 15 November 2011
I agree with mr.sethi and Prabhakar sir

Raj Kumar Makkad (Expert) 15 November 2011
Notarized POA is sufficient for filing injunction suit in favour of your relative but it shall be better if you go there for evidence.

Raj Kumar Makkad (Expert) 15 November 2011
Even if you personally visit once to your house prior to filing of your case and meet your neighbours then also your position shall become sound and may your neighbour may not try to fulfil his illegal plan.

Sailesh Kumar Shah (Expert) 16 November 2011
It would be better that in poa should contain no right to compromise as suggested by Mr. Singh.

Agree with opinion expressed by All experts.

Querist : Anonymous (Querist) 16 November 2011
Thanks a lot to each one the learned Experts for quick guidance and advise. May I seek some further clarifications also.

My relations have contacted some local lawyer in Kerala who informed them that Power of Attorny needs to be executed on Stamp Paper of Kerala State. Whether it is imperative or not. Kindly guide. If any KERALA based Lawyers are there in this club, they may also kindly help with the position there in this regard.

prabhakar singh (Expert) 16 November 2011
Since it is a state revenue matter and POA has to be used in Kerala therefore advocate there has correctly opined.

Sailesh Kumar Shah (Expert) 17 November 2011
Power of attorney can be executed at last residence. It is advisable that send registered POA.

Querist : Anonymous (Querist) 17 November 2011
Thanks to S/shri Prabhakarsingji and Shaileshji.

May I request other Experts also to give further clarifications sought by me herein above please.

Threat of encroachment on my property- urgent advise sought...

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