Vacant land in my possession
sadanand
(Querist) 28 December 2023
This query is : Resolved
I am stying in Mumbai Suburban in MHADA room tenament (chawl type room), my actual on record room area is 250 sq. ft. and having additional 250 sq.ft vacant area in front of the my house on which i use 150 sq.ft for additional room construction and rest 100 sq.ft i kept as passage and garden. i.e. we took the vacant open area in our possession.
Now MY QUESTIO IS THAT in case of Redevelopment process what happended if buillder will not give any benefit for this additional 250 sq.feet area in my possesison. How can i protect the possesion of that 250 sq.ft additional space.
kavksatyanarayana
(Expert) 28 December 2023
Did you have any right to the additional/extra 250 sq.ft. vacant site? Any document for that additional area?
T. Kalaiselvan, Advocate
(Expert) 29 December 2023
If the additional 250 sq feet property was not purchased by you by a registered deed then you cannot claim ownership of that extent of property.
Advocate Bhartesh goyal
(Expert) 30 December 2023
Since you don't have ownership of additional land and only encrocher of land so can not claim any right on basis of illegal possession.
T. Kalaiselvan, Advocate
(Expert) 30 December 2023
If you have documentary evidences to establish that you are in possession and enjoyment of the additional vacant land then you can annex it by filing a suit for declaration of title operating law of adverse possession, you can discuss the matter at length with a local advocate and proceed as suggested
sadanand
(Querist) 02 January 2024
thank you vrey much for fedback........i dont have any documentary evidence for only 250 sq.ft of original, for additional 250 sq.ft. it is just only encroachment and possesison is there from my side, i also dont known to whom that additional land belongs (some says it belongs to Mhada, som says they done known).....what happened in case of redevelopment, I will give handover to the builder 250 sq.ft official area on record for which we have a pepers. and rest 250 sq ft area will keep in possession with me for residence ?
