Construction of apartment in others land
Advocate Ravinder
(Querist) 03 May 2013
This query is : Resolved
My friend had purchased a Flat in first floor in Apartment consisting of 50 flats constructed on a land admeasuring 2000 sq yds, long before i.e. some 33 years back. The problem is this apartment was constructed on land belongs to some other person.
On enquiries we came to know that there are double layouts in the same land. The original owner’s layout is genuine one and our apartment is of second layout (which is illegal). Usually the local political people and real estate agents will do these type of cheatings. It is Gram panchayat layout (local body) and the layout will be signed by the Sarpanch only.
After a long time the original owner, who resides in states, when visited his property he came to know about the mistake of constructing Apartments in his land. Now he is threatening the flat owners that the building will be demolished as it was constructed on the land belonging to him. The whereabouts of our builder are not known.
Now the question is will the original owner has right in his property even after a long period of time. Whether we can claim adverse possession.
To avoid future complications, I request the experts to give permanent solution in this matter.
Devajyoti Barman
(Expert) 04 May 2013
You better approach the Civic Authority for regularisation of structure. It would be best suited to you.
Guest
(Expert) 04 May 2013
Great to know that the original owner could get out of slumber only after 33 year of construction of sprawling structure consisting of 50 flats on his piece of land!
Ask him to go to court and file suit against the builder/seller of the flats.
However, a vital question arises, did not your friend verify the title of the builder on that plot before purchase of his flat?
M V Gupta
(Expert) 04 May 2013
The original owner is a non resident and came to know about the unauthorized construction only recently. He can therefore initiate legal action against all of u and demand vacation of the property and also may file a criminal case for trespass. In the absence of knowledge of unauthorized occupation by all of u, defence of adverse possession against the owner may not be awailable. By the by have all the flat purchasers obtained registered sale deeds for the flats in their favor?
R.K Nanda
(Expert) 04 May 2013
agree with experts.
Advocate Ravinder
(Querist) 04 May 2013
I thank Mr.M.V.Gupta sir for your kind opinion. Yes all the flat owners have got registered sale deeds and also flat owners association formed.
Likewise, I thank Mr.Devajyothi Barman sir, I want to know whether regularization is possible as it is a property of other person. I know that if it is a govt land it is possible.
I would be obliged if the above querries are clarified.
ajay sethi
(Expert) 04 May 2013
only if the flat owners pay compensation to the land owner then there can be settlement . inform the owner that you have been duped by the builder . all middle class families have put their life savings in purchasing flat .
since the owner is rich and residing abroad and does not really need said land request him on humanitarian grounds to consider request of flat owners sympathetically .all the ladies with children should be part of the delegation . it may work
Sudhir Kumar, Advocate
(Expert) 04 May 2013
repeated http://www.lawyersclubindia.com/experts/Construction-of-house-on-other-s-plot-390391.asp
