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Indira   20 July 2024

Plot occupied by other person

Hi all,

My grandmother owns an empty plot. She hasn't visited the property for the last fifteen years and has been living in the USA for many years. Recently, she received a call from an unknown person who said that someone has constructed a shed and parked a car on her property. She is still in the USA and doesn’t know what to do now. Can someone demolish the structure directly? What options does she have now?

Thank you.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     21 July 2024

If she is the owner then she only has to take steps to get trespasser out of the property either by personal approach or through court. 

She can give power of attorney deed in favor of her close relatives back in India to deal with the subject matter as per law. 

Advocate Bhartesh goyal (advocate)     21 July 2024

She can appoint  her near and dear as her power of attorney and authorised to take legal action to dispossess encroached.

Dr. J C Vashista (Advocate )     21 July 2024

Very well analysed, opined and advised by learned senior experts, which I fully agree. 

In addition to above she may appoint an advocate / attorney with attested SPA to take care of her property.

However, if the encroacher has moved the Court to declare him as "owner by adverse possession", she has to seek professional services of a local prudent lawyer to contest it, which may be from this site or some other known / through known sources. 

Indira   21 July 2024

Thank you Sir.

H.JanakiManohar Rao (lawyer)     21 July 2024

Firstly obtain encuberance certificate from registration department and find out any further registrations are made,if yes, file a case for declaration of title,if no,@file a case against the tress passer to vacate the property and hand over to the owner.

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