Land/property dispute
RAJ
(Querist) 16 March 2013
This query is : Resolved
Respected sir,
I am Sooraj.S from Kerala;sir we have built a house in January 1990 on the ancestral property which is divided equally for my father and my two uncles .In the documents specific dimensions were not provided; but equally divided areas are allotted to each specifying the locations. The house was built in the area supposed to be given to my father but accurate boundaries were not measured and laid prior to construction; since it was in presence of the grandparents. Also certain exchange of equal land in another joint property between my father and uncle was promised only by word in the case the building exceeds the limits and is not within the area belonging to my father.
Later in 2003 after the death of grandparents, disputes occurred between my father and uncle. He went to the local munsiff court and filed a civil case against us for having encroached his property. Hearings and procedures went on and finally in 2009 came a court order to demolish our house and give his property back.
The court issued such an order because our advocate did not present the evidence supporting the truth that we have been living in the same house for these 14 years with no problems from that uncle till 2004. We have provided our lawyer with the electricity, tax, bills etc to substantiate that we have been residing there. But he purposefully did not submit it to the court.
Now we have gone for an appeal in the higher court presenting the evidences. Sir please guide me what all procedures to be done to prevent the demolition. Is there any possibility that we have to demolish the house by courts order. Please help me with your invaluable expert opinions and suggestions.
Raj Kumar Makkad
(Expert) 17 March 2013
Your similar query has already been got resolved so refer to those replies given by experts for the sake of repetition.
