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Immanuel S P (Consultant)     17 March 2014

Property encroachment

I have purchased a site from a housing society in bangalore through auction that was noticed in a national daily. It has been registered in my name and all noc's have been given by the society. This property has an approved layout plan from the BDA and the EC was in the name of the society they also hold the titles for the same. When I applied for khata a local settler had encroached (he is not occupying the property but has bribed the relevant authorities to support his cause) upon the property for which reason the BBMP clarified to me that it would be done only after I build a wall around the property. I then went back to the society to get me physical possession of the property for which they are dragging ever since without any definite effort in sight. How can I prevail over the society because if I start any tangle with the intruders then all legal issues will be my responsibility. There is no legal tangle to the property. This entire episode had happened in the last 7 months.


Would be a great help to get expert directions to proceed further.



Learning

 1 Replies

Nandagopal Rao (Retainer)     17 March 2014

You should ask for demarcation of your plot by the survey department.  They will issue notice to all the four side owners by fixing date for demarcation.  During the process of demarcation, if encroachment is noticed same will be recorded in the report.  Based on such report, you can then ask for eviction / removal of encroachment through court process.


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