ILLEGAL ENCROACHMENT

VENKATESHA (Querist) 28 February 2010 This query is : Resolved
unauthorized person has put a compound wall in my vacant residential site in bangalore and put the board THIS PROPERTY BELONGS to babu. The children of sellers (some alive and some dead) are threatening me to pay them 50% of the Market price and not allowing to construct or sell the plot. HOW SHOULD I PROTECT THE PROPERTY AND ENSURE SMOOTH SALE TO THE PROPOSED BUYER

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Parveen Kr. Aggarwal (Expert) 28 February 2010
From your query it appears that the unauthorised person raising compound wall is in collusion with the children of the sellers. You have not specified whether you have become owner by way of registered instrument or not. In case you have registered instrument of transfer in your favour, the children of sellers do not have any right of any kind in the property and you have full right to sell or use the property. You may file a suit for injunction against the seller or any person intending to obstruct in the exercise of such right.

VENKATESHA (Querist) 28 February 2010
SIR
Thanks for your instant speedy reply. I have the sale deed registered in my name with the subs registrar, BDA complex, Bangalore.

Should I send the copies of the documents to you and you will do the needful. your address please. Mention your charges to enable me to proceed further. Should I issue News Paper notice that tresspassers will be prosecuted and that I am the rightful owner of the residential land>
Thanks sir,

Murthy
9870608525

Raj Kumar Makkad (Expert) 28 February 2010
if you have registered sale-deed in your favour then you are lawful owner of the property and the sons of the sellers have no connection with the property. You should file a police complaint against such persons who even having any connection with the property are threatening you not to enter in the property unless you pay them 50% of current market price. This is nothing but a ransom and like open decoity. This is a criminal offence. You should also link the encroacher with them and should make police complaint against him also in the same way. No one can snatch your right to legal ownership and exclusive enjoyment of the property without any interference from any quarter.

VENKATESHA (Querist) 28 February 2010
Thanks for your immediate reply and advise.
I shall take immediate steps as advised by you. I would like to send the copies of the documents to you for your immediate perusal. Please let me know your address. If I like to file a suit for injunction against the sellers or any person intending to obstruct in the exercise of my right what are your charges. The property is in Bangalore but I am at MUMBAI however,my sister and brothers in Bangalore.

A V Vishal (Expert) 01 March 2010
Mr Murthy,

Contact Mr Sanjeeva Murthy Desai who is a practising advocate in Bangalore, he handles civil & criminal litigations. His email ID is sanjeev926@gmail.com. He will do the needful.

adv. rajeev ( rajoo ) (Expert) 01 March 2010
You will have to file a suit for declaration and injunction if the children of seller and others are denying your tittle, otherwise go suit for mandatory inunction. LImitation to file declaration suit is 3 years from the date of denial of tittle and for mandatory injunction is 2 years from the date of construction and to your knowledge.
Vishal has given mail ID better you contact the advocate.

Guest (Expert) 01 March 2010
Mr.Vishal has given mail ID better you contact the advocate.

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