Hello Team,
Sunil (Software Engineer) 31 January 2010
Hello Team,
R.R. KRISHNAA (Legal Manager) 31 January 2010
You have to file a civil suit for mandatory injunction to demolish the wall constructed on your property against the other party who has constructed the wall on your land. The alternate remedy you have is to file a criminal complaint for land grabbing against the other party. You have to follow either one remedy among the above two.
The bank cannot do anything in this matter. Dont stop payment of EMIs to the bank.
If the title of the property is very clear, you can definitely succeed the case of civil suit for mandatory injunction.
Arvind Singh Chauhan (advocate) 31 January 2010
Follow Mr Krishna's advice.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 31 January 2010
Fist of all obtain the documents of the other party vide which it is claiming its owneership over such site and then establish authenticity of those documents from the relevant offices involved and then decide whether it becomes criminal or civil matter or both matters. Criminal action is more effective sometimes practicaly......
Sunil (Software Engineer) 01 February 2010
Thank you very much Krishnaa and Raj kumar. I am disappointed that inpite of taking a loan from Bank, I still landed into this problem.
a. Do you think that Bank has not done its job?
b. Can I talk to Bank folks and see, if I can stop payment until this gets resolved?
c. Can Bank take an action against the developer who sold the land to me?