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Harsh (None)     14 May 2013

Guidance required to protect property

Hi Everybody, I am new to legal procedures and know very less about land ,property and all. Kinldy Guide.

 

Around 4 years back we purchased a plot in a residential colony through one colonizer.

 

At the moment of registry we came to know that the actual seller of the plot is a ghraya Nirman Society and not the colonizer to whom we paid initial amount in cash. Since, we didn’t thought it was a big issue we completed the registry procedure.

 

The colonizer/builder also completed our house and handed the same to us. We paid him money sometimes in cash and sometimes by cheque as and when demanded.

 

There was no agreement done between colonizer and the residents.

 

Now, In the east direction of our colony we have a road and after that a boundary wall of the society. Outside this boundary wall there is 4400 Sq vacant plot. Few days back, construction work was initiated on the same plot by this builder only and the builder told us that the boundary will be demolished and he will be giving entry to 4 more residential units in the society.

 

When we residents took objection of the same, he told as that the road on which he is constructing the new buildings is in actual a public road. He also showed us the approved layout of town and country planning and we found that it was not in the layout of our colony. 

 

We told him, that you have cheated us as you constructed on public road and showed us boundary at the time of selling the plot and building, he replied that it was your duty also to ensure all things before purchase. When we threaten him that we will take you to the court, he simply replied that the he has not made the boundary wall, it was infact the boundary of the the previous owner of 4400 Sq feet plot from whom I have purchased, you people misunderstood it as boundary of the society.

 

We also requested him to give face of the new units to other road but he denied(since he has another approach road as well)

 

Our problem is that if new residential units will come, we will have no space left.

 

What can be done to stop to construction of new building? The only information we are having is that we have heard that the land on which new buildings are proposed is having some Khasra Problem, but don’t know what is khasra and all ? kindly guide, what to do ? How to start ?

 Regards

 

 

 

 



Learning

 3 Replies

Seshagiri Lakshman Rao (Accounts Officer)     14 May 2013

Dear Members....Normally,the original documents is the criteria for a claim of the said nature.Better engage an advocate and initiate a general power of attorney.Duly actioned.(Four-copies).Advocate will return three copies and retain one for his personal records. One amongst the remaining copies may be made available to the Registrar and have the acknowledgement authenticated by the Registrar.Then give the copy of the acknowledgement also to the Advocate who has initiated the GPA for legal action on the wrong doers.with due regards from lakshman2048@gmail.com

Seshagiri Lakshman Rao (Accounts Officer)     16 May 2013

In the matters represented by self acquired properties,General Power of Attorney is more safe,Provided the the GPA is got registered with the Registrar concerned and the acknowledgement need to be obtained duly authenticated by the competent authority.The aim for depending on General Power of Attorney basically ensures that genuine jurisdiction problems do not become a major concern at any given point of time.

Advocate Ravinder (Advocate/Attorney)     01 June 2013

The colonizer/builder might be a GPA Holder.  You should have verified the same before purchasing.  Before going into the dispute of boundary wall first check up whether you have purchased the prperty form right person or not.  Atleast now you go to a experienced lawyer and get verified the documents and if there is rectification has to be made make it immediately. 

 

Relating to the Way to the adjancent layout, yes you have to leave way. Because. Sometimes the adjancent layout will be in a fixed position sorrounded by layout all the four sides so that it will not get any way.  So the law also favours in favour of the layout owners.  But at the same time your plots owners association can claim compensation for alloting the land for the purpose of way. 


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